191 A.D. 761 | N.Y. App. Div. | 1920
Frank Saccomanno, section foreman, in the employ of the appellant Grasse River Railroad Corporation, was instantly killed on October 22, 1918, at about six-forty-five a. m. The conditions and circumstances under which he met his death are briefly as follows: On the night of October 21, 1918, Saccomanno told his men under him that they would work in the lumber yard. On the morning of the twenty-second he left his home at six-thirty a. m. for his work; his day commenced at seven a. m. At six-forty-five he arrived at appellant’s yard at his place of work, and was standing on a side track waiting for the men to arrive; as they came to where he was he told them that as he did not have any ties he was not going to work in the lumber yard that day; but that they should get their lunch before they left for work and that they would go back to Silver Lake. A car came along at that junction, without warning, struck the foreman and killed him. It appears that the work planned for the twenty-second of October, the day of the accident, “was repairing ties under the rails, for an extension of about two miles from a point known as Cranberry Lake.” The place to which the men were directed to return, because of absence of ties, was the “ Silver Lake Branch; ” and that is where they were at work the day before the accident. The dependents of the deceased, claimants here, were awarded compensation. The
The award should be sustained.
All concur, except Cochrane and H. T. Kellogg, JJ., dissenting.
Award affirmed.