| N.Y. App. Div. | Sep 15, 1928
Award reversed and claim remitted, with costs to the appellant against the respondent New York Central Railroad Company to abide the event, on the ground that the State Industrial Board has failed to find as a fact whether or not the claimant was engaged in interstate commerce at the time he was injured. (See Matter of Plass v. Central New England R. Co., 221 N.Y. 472" date_filed="1917-11-13" court="NY" case_name="Claim of Plass v. Central New England Railway Co.">221 N. Y. 472; 226 id. 449.) Van Kirk, P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.