Samkiwicz v. AtLantic City Railroad

The opinion of the court was delivered by

Bergen, J.

The plain tiff’s foot was so crushed by defendant’s car that an amputation became necessary, for which he brought suit and recovered damages. The case made by him justified the inference that in attempting to walk over the defendant’s railroad at a highway crossing, his foot caught between tire planking and the rail of the track, from which he was unable to extricate himself before a freight train, with the motive power at the end of the train farthest from him, was backed against him and his foot cut off; that the planking next to the rail…