151 N.Y.S. 499 | N.Y. App. Div. | 1915
The cause of the death of plaintiff’s intestate was a fall to a hardwood floor from a staging upon which he was at work. His administratrix sues to recover damages, alleging that death was caused by the actionable neglect of decedent’s master. Her complaint was dismissed. We are of the opinion that she adduced evidence which required the submission of her case to the jury. (Kraus v. Birnbaum, 200 N. Y. 130.)
The defendant was overhauling a locomotive in its shop. The locomotive was stripped. The flue was being renewed. '
We think that this case cannot be distinguished by any
The judgment must be reversed and a new trial granted, costs to abide the event.
Jenks, P. J., Burr, Thomas and Rich, JJ., concurred.
Judgment reversed and new trial granted, costs to abide the event.