Appeal from an order and judgment of nonsuit in this action brought under the Federal Employers’ Liability Act (U. S. Code, tit. 45, § 51 et seq.). Plaintiff’s intestate met his death while working upon defendant’s railroad tracks by being struck upon the head by a compressed air wrench weighing between seventy and eighty pounds, with which he and a colaborer were turning down into a railroad tie a large square-headed lag screw. These screws and the fish plates through which they passed securely fastened the rails to the ties. The wrench consisted of a perpendicular shaft with an orifice in the lower end to fit the square head of the screw. A compressed air machine was attached to the upper end of the shaft. The decedent held the dead handle of the wrench. His coworker, McNamara, operated the wrench holding
Axtell v. Erie Railroad
249 A.D. 694
| N.Y. App. Div. | 1936AI-generated responses must be verified and are not legal advice.