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accident action for injuries alleged appeared appliances assumed assumption brakeman building caused charge claimed Coal Compensation condition Conn construction continued contract contractor contributory negligence damages danger death defect defendant defendant's Del.Super directed discharge duty electric elevator employed employee employment engaged engineer evidence evidence held exercise fact failing failure falling federal fellow servant finding foreman furnish give guard guilty hand held independent inspection instruction Iron judgment jury killed knew knowledge known labor Liability Act liable light machine machinery master method mill moving N. J. Law N.J.Sup negligence notice obvious operation ordinary owner performance person plain plaintiff ployee pole proper properly question railroad reasonable received recover remove repair resulting risk road rule running safe safety serv shaft side Steel struck sufficient sustained tion track train warn wires Workmen's York