Claim of MacLemale v. New York Central Railroad

Deceased was employed as a patrolman in the yaids of the appellant in Rochester.

At times previous to the accident obstructions had been discovered on the passenger tracks comprising the main line west of Kent street, such tracks being used in interstate transportation, and duties of deceased required him to patrol the tracks several times during the night to see that there were no obstructions there.

On the night in question, December 22, 1935, he proceeded west from the Kent street bridge along these tracks and was killed near this bridge by a train, the inference being that he was returning…