Craprizzio v. Central New England Railway Co.

Headnote

Craprizzio v. Central New England By. Co., 172 App. Div. 950 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1916, affirming a judgment in favor of defendant entered upon , a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was in the employ of an individual contractor doing work in one of defendant’s yards. On the day of the accident he quit work about five-thirty p. m. and walked from the roundhouse southeast across the spur tracks. The course he followed gradually converged with the path which was south of the" southerly ladder track and he was attempting to reach that path when the accident happened. He had crossed all the spur tracks but the last one. There he was struck by an east-bound train. On the day of the accident many of the spur tracks contained cars, and in crossing said tracks he passed between the cars wherever he- could find an opening. As he crossed next to the last spur track there were one or two cars standing thereon to his right between him and the ladder track. After passing these cars he stated that he looked to the right toward the ladder track and to the left and neither saw nor heard anything approaching. He then took but two steps when he was struck by the left-hand front corner of the engine, which was dragging a train from the southerly ladder track to the spur track. The complaint was dismissed on the ground that defendant was guilty of contributory negligence.