Anastasio v. Hedges

McAvoy, J.:

The suit was for damages caused by plaintiff being struck by one of defendant’s cars as he was emerging from a trench under the north-bound track of the defendant company which extended beyond the easterly rail of the track. Plaintiff was the foreman of the men working' in the trench. He was employed by Booth & Flinn, Ltd., who were engaged in subway construction in Union Square West just north of Fourteenth street in the borough of Manhattan, city of New York. The accident happened on Saturday, March 26, 1921, about eight o’clock in the morning. As the plaintiff was leaving the…