15 N.Y.S. 613 | N.Y. Sup. Ct. | 1891
This is an appeal from a judgment in favor of the plaintiff entered upon a verdict obtained at the circuit, and from an order denying a motion for a new trial on the minutes of the court. The testator of the plaintiff was in the employment of the defendant at Poughkeepsie, and on the 19th day of January, 1889, he received an injury while in the discharge of his duty, and he died about two months thereafter. This action was brought under the statute, upon the allegation that his death resulted from the negligence of the defendant. The general duty of the deceased was to move and switch the cars around the station at Poughkeepsie, and to place them where they were required; and it was customary there to keep two coal-cars standing upon a side track under the coal-chute to receive the coal dropped onto the track, and those cars were moved from the east to the west side of the main tracks as occasion required, and when they were filled they were switched upon the coal-chute and emptied. The deceased had full charge of all the coal-cars. He was especially in charge of the movement of the coal-cars and ]licking up the coal. The engineer was under his orders, and any one else who assisted him to move the cars. On the day of the accident two coal-cars about two-thirds full of coal were standing on the east side track, and the deceased signaled the engineer to couple the engine to the cars, which was done; and then the deceased got up on the rear end of the rear car by the brake, and the engine started north with the two cars, to switch them back upon the west side track; and that was the last seen of the deceased previous to the acci- ‘ dent. No one saw how it happened, but the deceased fell to the track, and was found there under the coal, in an injured condition. The ear upon which the deceased stood when he was seen last had been in use at that place for several weeks. There was a trap in the bottom, which fell or was let down to empty the car, and was raised again by a chain, attached to the trap, and° wound up on a cross-bar. The chain was fastened to the bolt which runs through the cross-bar, and to the bottom of the car. When the bottom drops down, as it does when they unload the coal, the chain goes down with it, and lets the coal out. When they want to close this bottom, they wind up this bar with a large wrench, and that turns the chain around the cross-liar, and that closes the bottom of the car. The link that holds the trap was broken. There are two of these, and the link was broken about three links from the corner of the trap of the car. It was broken two or three weeks before the