Saxton v. Delaware & Hudson Co.

The plaintiff, a trainman employed by the defendant, was injured through the parting of a coupler between two cars on a freight train. That was due to a defective drawbar which held the coupler in place. The jury found upon sufficient evidence that the accident was due to the negligence of the defendant, but the judgment must be reversed and a new trial ordered, because of error in the charge to the jury, if .a finding of negligence is necessary to sustain a recovery.

The complaint alleges that the train was operated in violation of the Safety Applicance Act of the United States. (Mason’s U.…