Russell v. . the Hudson River Railroad Company

Appeal from the Superior Court of Eew-York city. The action was to recover damages for an inj ury sustained by the plaintiff, while riding upon a gravel train, in consequence of the alleged negligence of the defendant’s engineer in running the train into Spuyten Duyvel creek. The answer alleged that the plaintiff, at the time of the accident, was a servant of the defendant and was upon the gravel train in the usual and regular course of his employment. Upon the trial it was proved that the plaintiff lived in New-York city. He was employed in loading gravel and sand, at the pits where they…