Emily Ford, as Administratrix v. the Lake Shore and Michigan Southern Railway Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the Lake Shore and Michigan Southern Railway Company was negligent for failing to establish a proper and sufficient rule governing the loading of lumber on its open cars. Because the railroad provided no specific safety rule and left the use of stakes to the discretion of its employees, the employer's duty to protect its servants was breached, making it liable for the switchman's death.