42 N.Y. Sup. Ct. 506 | N.Y. Sup. Ct. | 1885
The intestate was upon one of the cars of a gravel train to assist in unloading gravel, when the accident happened by which he was thrown from the car and killed. The person who was in charge of the work signaled the'engineer to back the train, which he did without warning or notice that any change in its position was intended to be made. And the deceased having no intimation that any change in the location of the train was to be made, was not on his guard or prepared for such change. And to charge the defendant with liability for the death of the intestate the plaintiff offered “ to show that there was negligence here in not having a proper system of warning these men.” This was objected to on the part of the defendant, and the evidence offered was excluded, to which the counsel for the plaintiff excepted. The offer was to prove that the defendant had been negligent by failing to provide some rule or regulation which should be observed for the security and safety of the men employed before the train should be moved. And the
Judgment reversed, new trial ordered, costs to abide event.