Fasani v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of tlie clerk of the county of Oneida on the 25th day of March, T905, upon the verdict'
1Opinion of the Court
Spring, J.:
In October, 1902, the plaintiff was one of a gang of section men employed by the defendant. The men were engaged in cutting^' a steel rail. The method adopted was for one of the men to hold the sharp edge of a cold chisel against the rail while another struck the head with a heavy hammer and as the work progressed the rail was turned over so that the cut continued entirely around the rail. When the work was completed the rail would be lifted up and dropped to the ground, whereupon it would break at the cut by its own weight. The foreman was holding the cold chisel at the time of…
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