Wazenski v. . N.Y.C. H.R.R.R. Co.

This is an action to recover for personal injuries which the plaintiff received while in the defendant's employ by falling from a coal trestle. On the trial the plaintiff was nonsuited, and hence upon this review he is entitled to the most favorable view of the evidence that the case will warrant. All disputed questions of fact and all reasonable inferences to be deduced from the testimony must be resolved in his favor.

The plaintiff was a laborer unloading coal upon the trestle. The trestle extended east and west and was two hundred and forty feet long, twenty-five feet high, twenty-six feet…