Frank Cereste v. The New York, New Haven and Hartford Railroad Company

FRANK, Circuit Judge.

1. The evidence sufficed to support a verdict that defendant had been negligent in not providing plaintiff a safe place to work. It was for the jury to determine whether the presence on the path of the coal, on which plaintiff tripped, constituted negligence.1

2. Defendant, on cross-examination of plaintiff, brought out evidence tending to show that, before trial, he had stated to some of defendant’s representatives that he did not know what caused him to stumble. Defendant offered no written statement signed by plaintiff. Even if we assume that this pre-trial statement…