Harlan F. Stone

“ We think that there was sufficient evidence of petitioner's negligence to take the case to the jury. Workmen were constantly moving about the engines stalled in the roundhouse. Any movement of an engine without warning was dangerous to life and limb. After the hostler mounted the engine and before it was moved, sufficient time elapsed for the deceased to come into proximity with it which was dangerous if, as the jury might have found, he could not be seen from the engine cab by the hostler and was not warned of the impending movement. ”

“ The hostler who removed the engine from the roundhouse testified that before moving it he inspected track 8, that he saw no one on or near the track, that he then mounted the engine, started the air pump, turned on the headlight, rear light, and cab lights, started the engine bell ringing, and blew three blasts of the whistle as a warning that he was about to back the engine out and as notice to the operator of the turntable. ”

“ Cas. 1918B, 662; see North Carolina R. R. Co. v. Zachary, 232 U.S. 248, 260, 34 S.C.t. 305, 58 L. Ed. 591, Ann. Cas. 1914C, 159; Hoyer v. Central Railroad Co., of New Jersey (C. C. A) 255 F. 493, 496, 497. ”