Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 133) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... Fourth Department, July, 1909. Vol. 133. to be laid, consisting of timbers eight inches square and nine feet long, made of Georgia pine and weighing about two hundred pounds each, which had to be taken from the ground and placed upon the top of the incline and deck of the trestle. To facilitate the doing of such work and for the purpose of raising other timbers, the engine which the plaintiff was operating had been installed under the structure, at about the point where the incline connected with the deck of the trestle proper. By means of such engine and other appliances connected therewith a number of ties had been raised from the ground and piled on the easterly pair of stringers at a point on the trestle about one hundred feet southerly from the top of the incline, and three employees, each of whom had experience in handling timbers on similar structures, were directed by the foreman or superintendent of the defendant to move such ties to a point just south of where the incline joined the trestle proper aud place them upon some boards, where they would be accessible to the carpenters, who were putting them in place. At the point where the incline and deck joined, the end of one of the timbers forming the stringer at the top of the incline projected an inch and a half above the end of the corresponding timber in the stringer on the deck of the trestle; but this point was not within the space over which the ties were directed to be moved. In carrying ont their instructions the men placed one of the ties, of the dimensions and weight stated, npon what is called a "dolly," which consists of a wheel fourteen inches wide and six inches in diameter, with a platform on top about eighteen inches square. Being thus loaded with one tie, the "dolly" was started n...