
    Harry Brandorff, Respondent, v. Rodgers & Hagerty, Inc., Appellant.
    
      Negligence — employee of contractor on work struck by locomotive on ; narrow gouge railroad maintained by another contractor.
    
    
      Brandorff v. Rodgers & Hagerty, Inc., 201 App. Div. 837, affirmed.
    (Submitted December 14, 1922;
    decided January 9, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1922, modifying and affirming as modi:fled a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Defendant, a contractor, engaged in the construction of the army supply base in the city of Brooklyn, maintained a narrow gouge railroad in the performance of the work. Plaintiff, an employee of another contractor on the job, while walking along or near the narrow gouge track in the performance of his duty, was struck by one of defendant’s locomotives approaching from behind him and received the injuries complained of.
    
      Bertrand L. Pettigrew and Walter L. Glenney for appellant.
    
      William Godnick, Fred Francis Weiss and Jay S. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  