Daporta v. Erie Railroad Co.

Headnote

Negligence — railroads — workman on railroad tracks struck by train backing without warning.

Daporta v. Erie R. R. Co., 218 App. Div. 854 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 23,1926, affirming a judgment in favor of plaintiff entered upon a verdict in an action brought by plaintiff’s intestate to recover for personal injuries alleged to have been sustained by him through the negligence of defendant. Intestate died after entry of judgment in his favor and his administratrix was substituted in his stead. In the course of his employment as track laborer intestate was one of a gang of men tamping the roadbed. Compressed air machines were used. The hose furnishing air to one of the machines having become disconnected near where intestate was at work, he proceeded to reconnect it and while doing so was struck by one of defendant’s trains which, it was alleged, backed down upon him without warning and received the injuries complained of.