Kawacz v. Delaware, Lackawanna & Western Railroad

On a summer morning long after daylight one of defendant’s milk trains was traveling on its daily run in a westerly direction, and at the same time Frank Kawacz, employed by defendant as a track walker and section hand, was proceeding on foot, as was his custom and part of his duty several times a week, in an easterly direction on the same track. The train was five minutes late and Kawacz knew it. They collided and, as a result of Kawacz’s death, his estate has recovered a substantial judgment;

The engineer, who was plaintiff’s witness, testified that, at a distance of six hundred feet, he…