Zabriskie v. Erie Railroad

The opinion of the court was delivered by

Minturn, J.

The judgment of the Passaic Common Pleas in favor of the plaintiff and against the defendant, presenting *158the question of the liability of defendant for the death of the plaintiff, is before us for review upon this writ.

The circumstances as evolved from the testimony show that the plaintiff at the time of his death was employed as a carpenter by the defendant, at its shop in Paterson. About eleven o’clock in the forenoon he left the shop to go to -the toilet provided by the defendant for the general public in the railroad station on Market…