Onofrio v. Palmer

The defendants are trustees of the New York, New Haven and Hartford Railroad Company, a common carrier engaged in interstate commerce, and this action for negligence was brought under the provisions of the federal Employers’ Liability Act. It was tried to the court and the plaintiff has appealed from a judgment for the defendants.

The plaintiff’s intestate, Onofrio, was employed by the defendants as a watchman to patrol railroad tracks that ran through two tunnels and a cut between New Haven and Branford, and particularly to watch out for fallen rocks in the cut. There was sufficient room in…