180 A.D. 60 | N.Y. App. Div. | 1917
There is only one question involved in this appeal, and that is whether Conrad H. Vollmers was engaged in interstate commerce at the time he was run over and killed at Hillsdale, on the Harlem branch of the New York Central Railroad Company. There is no doubt that the New York Central Railroad Company, as now organized, is engaged in interstate commerce generally, and, of course, its Harlem division is a part of the general system. Vollmers was a plumber employed in the maintenance of ways department of the New York Central Railroad Company, and had been so employed for a period of two years, and the general scope of his employment would seem to suggest that he was engaged in interstate commerce operations. The true test is, “ Is the work in question a part of the interstate commerce in which the carrier is engaged? ” say the court in Pedersen v. D., L. & W. R. R. (229 TI. S. 146, 152), and then adds: “Of course, we are not here' concerned with the construction of tracks, bridges, engines or cars which have not as yet become instrumentalities in such commerce, but only with the work of maintaining them in proper condition after they have become such instrumentalities and during their use as such.” (See New York Central R. R. Co. v. White, 243 U. S. 188, 192.) Vollmers was an employee in the maintenance of ways department of an interstate railroad, and he was engaged at the time in the inspecting and repairing of pipes, which constituted a part of the plumbing apparatus beneath the station, and while thus employed he had occasion to cross the tracks in front of the station, and was struck by an engine and killed. The fact is found that his crossing of the tracks was in connection with his employment. It seems clear, under
The award should be reversed, and the claim dismissed.
All concurred, except Kellogg, P. J., and Lyon, J., who dissented.
Award reversed and claim dismissed.