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GRUNERT v. BUSH TERMINAL CO.

No. 192.

47 F.2d 565 (1931)

GRUNERT v. BUSH TERMINAL CO. et al.

Circuit Court of Appeals, Second Circuit.

February 2, 1931.

Attorney(s) appearing for the Case

William F. Purdy, of New York City, for appellant.

Duncan & Mount, of New York City (John A. McManus and Arthur C. Muller, Jr., both of New York City, of counsel), for appellee Bush Terminal Co.

James B. Henney, of New York City (Burt L. Rich, of Brooklyn, N. Y., of counsel), for appellee Phœnix Transit Co.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

The plaintiff's intestate was working in a hazardous place on the narrow rail and knew the danger which was quite apparent. He was safe enough so long as he stayed on the rail, but the ever-present danger of falling off if he did not protect himself from doing so was obvious. He had been told to be careful and to use one hand to hold on. He was bound to do only what he could when following such instructions...

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