Powers v. . N.Y., L.E. W.R.R. Co.

The intestate was killed by being thrown from a hand-car which he and other employes were propelling upon the defendant's road. The complaint alleged that the hand-car was unsafe and improperly constructed, and the proof showed that two or three weeks before the accident one of the handles to the walking beam was broken and that defendant's employes continued to use the car with the handle of a pick or an iron crowbar in the place of the broken handle, it being inserted in the socket by some of them without any direction from the section boss. The crowbar was about five and one-half feet in…