Van Derveer v. Delaware, L. &. W. R.

L. HAND, Circuit Judge.

This appeal is from a judgment in an action at law dismissing the complaint, entered on the direction of a verdict at the close of the evidence. The plaintiff sued as administrator of James A. Van Derveer, a freight conductor on the defendant’s road, killed while engaged in interstate commerce. The accident happened in the defendant’s yard at Secaucus, New Jersey, on February 3, 1935, at about six-thirty o’clock in the morning while it was still dark. The deceased was in charge of engine 145, and was to take to Harrison two meat cars coming in from the west. The train,…