McAvoy v. Philadelphia & Reading Railway Co.

Berger, J.,

— -This is an action under the Federal Employers’ Liability Act, brought by the plaintiff to recover damages for the death of her husband, Michael J. McAvoy, caused by an injury which he received while in the employ of the defendant as a trainman, and engaged in making up a train for movement in interstate commerce. About 1.45 A. M., Oct. 19, 1921, the crew of the freight train to which McAvoy belonged was directed to make up a train in the yard at Abrams, on track No. 5, on which they placed a car with a caboose attached at the rear, to which the rest of the cars then on that…