Urbanneck v. Pennsylvania Railroad
Urbanneck v. Pennsylvania Railroad
Opinion of the Court
The opinion of the court was delivered by
This is an appeal from the Hoboken District Court. The case was tried before the court without a jury, and judgment was rendered for the plaintiff; from the rather confused testimony the following facts seem to be exhibited: The plaintiff was employed by Pocht & Company as a sheet iron worker and boiler maker. On May 5th, 1906, the plaintiff, with two other servants of Pocht & Company,' accompanied a turntable made by Potbh & Company to the yard of the Pennsylvania railroad at Jersey City for the purpose of shipping the turntable by that railroad to Red Bank. When they arrived a standing derrick was attached to the turntable by two iron clamps, brought by the plaintiff and his assistants, and screwed into the turntable. There was no car
There is evidence, as already remarked, that Eocht & Company were to do the loading. There is evidence that defendant’s servants were operating the derrick. There is evidence that one of those servants unloosed the hook, by which the support of the table was removed, and we think that in the circumstances there was no legal error in the finding of the trial judge that this was negligence imputable to the defendant.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.