200 A.D. 386 | N.Y. App. Div. | 1922
Claimant’s intestate was injured, while at work for appellant, on the 17th day of August, 1920. He died on the eighteenth, the following day. The accident occurred at Hudson Junction located as being one-half mile east of Eastchester in this State. At that junction the appellant’s railroad intersects and is connected with other lines of railroad. This railroad company had employed Otterstedt from July 30, 1920, until August seventeenth, aforesaid, except he had lost several days’ time before August twelfth, and did not work from that date until he came to work on the morning of the seventeenth. He was injured at six-nineteen a. m., before commencing work. He was run over by one of appellant’s trains, and on that part of its line which runs between Warsaw and Greycourt wholly within this State and at that time was not carrying any interstate freight. At Greycourt it hitched on to milk cars destined for New Jersey. That fact does not signify here, because he was not one of the train crew, but was a laborer working in the repair and construction gang. The only question here is whether
I report for affirmance.
Award unanimously affirmed, with costs.
See 35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143, being Federal Employers’ Liability Act.— [Rep.