Pennsylvania R. v. Garcia
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. On writ of error to the Circuit Court for the Eastern District of New York to review a judgment entered upon the verdict of a jury in favor of the plaintiff for $1,500 damages for the loss of an eye while in the employ of the defendant in its shops at Jersey City, N. J.
1Opinion of the Court
COXE, Circuit Judge.
At the date of the accident — February 6, 1900 — the plaintiff was in the defendant’s employ as boilermaker’s assistant. At that time Rooney, the gang boss, Finnigan, a boilermaker, and the plaintiff were engaged in turning the flange around a square opening in a sheet of hot iron. Finnigan was holding the sheet on an iron block, Rooney was holding a heavy steel hammer, called a “fuller,” against the heated iron sheet and the plaintiff was striking the fuller with a button-set hammer. While so engaged a spicula of steel flew off the flat end or head of the fuller into the…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Hayward v. KeyCourt of Appeals for the Second Circuit · 1905
3Cited by1 opinion
- Virginian Ry. Co. v. StatonCourt of Appeals for the Fourth Circuit · 1936