15 N.Y.S. 872 | N.Y. Sup. Ct. | 1891
The plaintiff was a brakeman, employed by the defendant on its railroad,.two miles in length, running from its salt mine in the town of York, in Livingston county, to a station on the Western Hew York & Pennvania Railroad, at Pifl'ard. The defendant had butane locomotive engine and one crew, or set of hands, which ran back and forth several times each day from the mine to the railroad station, taking empty cars, furnished by tile railroad company, one way, and the same cars, loaded with salt, tile other way. The crew consisted of an engineer and fireman, a conductor and two brakemen, of whom tile plaintiff was one from December 16, 1887, to May 9, 1888, when the accident occurred which is the subject of tills action. Tills consisted of his being knocked from tile top of a box-car by coming in contact with an overhead trestle connected witli defendant’s works. Tiie trestle had been maintained in the same form during the whole period of the plaintiff’s employment. It ran from the third story of the principal building to tile ground on tile west, and supported a track on which small cars were run up and down by cable. Under it a track was laid, on which freight-cars were drawn back and forth for the purpose of storage and for switching. Tiie bottom of the trestle was 15 feet 10 inches above the west rail of this track, and 17 feet and 9 Indies above the east rail; from which it follows that it was 16 feet and 9£ inches above the same level at the middle, of the track. Tiie ordinary box-cars which were furnished to tile defendant by the railroad company down to about the 20th of February were about 11 feet 2 indies from the top of the rail to tile top of the limning board in the middle of the roof. This gave a space between the running board of the common