RYAN v. NEW YORK, N. H. & H. R. Co.

Citations

• 115 F. 197
• 1902 U.S. App. LEXIS 4921

Syllabus

<p>1 Carriers — Consignees—Unloading Freight — Duty to Protect.</p> <p>Where a railroad company furnished and hauled a car loaded with concrete for a contractor who was building piers In the company’s yard for an overhead highway bridge, the car being loaded and unloaded by the contractor’s employes, such employés were rightfully about the car while unloading, and as well entitled to safety from any unusual danger in being near it as a consignee unloading and taking away freight at a depot.</p> <p>8. Same — Evidence of Defect — Weight—Question for Jury.</p> <p>Where, in an action against a railroad company for injury to one employed in- unloading a car, caused by a door which was suspended by a hook falling, one witness testified positively that he reached up and examined the hook immediately after the accident, and that it was rounded so that it would not be likely to hold, the question whether the hook was defective was for the jury; and their finding should not be set aside, though other witnesses testified that the hook would be out of his reach, and was not situated where he said it was, and produced a hook, which they testified was taken from that place on the car, which was not rounded.</p>