Appellate Division of the Supreme Court of the State of New York October 18, 1907 (Onesti v. Central New England Railway Co.)

Gaynor, J.:

The plaintiff was employed by the defendant. He worked in the railroad yard. It wxas four 'miles long and had fourteen tracks. Cars were “ kicked ” down upon these tracks, daily and often, so that many cars stood there. Many men worked there. The plaintiff was.with a gang of men in the,yard' under the direction of a forer man.