145 F. 617 | 2d Cir. | 1906
The only assignment of error which it will be necessary to consider is whether the trial judge erred in refusing to diíect a verdict for the defendant upon the ground that it was not responsible for the acts of the men by whose fault the plaintiff was injured. The plaintiff, an employé of a firm of stevedores, was injured while unloading iron from a car standing on a sidetrack of the Uchigh Valley Terminal Railroad Company, at the dock of that company at Jersey City. It was undisputed that if the accident was caused by negligence, other than that of the plaintiff or his co-employés wholly or in part, the negligence was that of the men in charge of the dock or the men in charge of the train which backed down upon the car oil which the plaintiff was at work. It was established that the track and dock
We are of the opinion also that the evidence showing'the relations,
In conclusion it is proper to express our regret that so large a part of the long time occupied in the trial of this case in the court below should have been required in trying to prove the relations between the defendant and the subordinate railroads of its system. Apparently it was difficult, if not impossible, for the plaintiff to ascertain whether the terminal company, the Easton & Amboy Company, or the defendant itself, was responsible for his injuries. The question, was not one of practical importance to the defendant, but merely whether it should be called upon to pay out of one or another of its several purses. It does seem as if the court below should have been spared this expenditure of time.
The judgment is affirmed.