Cassalia v. New York Central Railroad

Headnote

Negligence — railroads — section hand killed while working on tracks — defense of contributory negligence and assumption of risk.

Cassalia v. N. Y. Central R. R. Co., 208 App. Div. 832 , affirmed.

Appeal from a judgment of the Appellate' Division of the Supreme Court in the fourth judicial department, entered March 31, 1924, affirming a judgment in favor of plaintiff entered upon a verdict in an action under the Federal Employers’ Liability Act to recover for the death of plaintiff’s intestate alleged, to have been occasioned through the negligence of defendant. Decedent, while engaged in his work as section laborer on defendant’s tracks in the city of Syracuse, stepped from one track on which an engine was approaching to the other where he was struck by a train approaching from the- opposite direction and killed. It was shown that the train approached at the rate of thirty-five miles an hour and that no whistle was blown. The defense was contributory negligence and assumption of risk.