Smith v. Erie Railroad

The opinion of the court was delivered by

Pitney, J.

At the time of the occurrence which gave rise to this action plaintiff was in the employ of the defendant, in the capacity of baggage master and acting brakeman, and in the performance of his duties was traveling upon one of defendant’s passenger cars over the Greenwood Lake branch of its railroad. This car, together with a locomotive and tender, made up the train. The occurrence took place on the evening of Saturday, January 14th, 1899, shortly after seven o’clock. The train was running at some speed, down a grade of about sixty feet to the…