119 N.E. 1023 | NY | 1918
The Appellate Division has reversed a judgment in favor of the plaintiff and dismissed the complaint on the ground that the evidence would not justify a finding that one Charles E. Knowles and his master, the defendant, were engaged in interstate commerce at the time of the death of the former. We cannot reach the same result.
Knowles was employed in the freight yards of the defendant at New Haven, Connecticut. He was one of a crew of a switch engine used in making up trains that ran from and breaking up trains that ran into what was known as the "canal division" of these yards. This division was used exclusively for interstate trains, although some of such trains carried intrastate cars as well, which were moved by the engine when taken from or added to the trains. Knowles' work began at midnight. He was killed some eight minutes before that hour. He had entered the yard and was on his way to report and obtain his working clothes from a shanty where they were kept when he was run down by an engine.
There can be no doubt that the engine on which Knowles was employed was engaged in interstate commerce. (N.Y.C. H.R.R.R.Co. v. Carr,
The real question here, however, is not that of a servant passing from hour to hour from one class of employment to another, but of a servant, upon his master's property, on his way to presently perform duties connected with interstate commerce. While the test is the nature of the work done at the time of the injury, the Supreme Court had held (North Carolina R.R. Co. v.Zachary,
So, in walking through his employer's yards to reach his place of work with that purpose solely in view, and with the time when that work must begin closely approaching, he is performing a duty which his master requires of him, a necessary incident to his work, and when killed under such circumstances it would be a narrow construction to hold that in the language of the federal statute he is not then "employed by such carrier in such commerce."
We are, therefore, of the opinion that the judgment of the Appellate Division should be reversed and that of the Trial Term reinstated, with costs in the Appellate Division and in this court.
CARDOZO, POUND, McLAUGHLIN and CRANE, JJ., concur; CUDDEBACK, J., dissenting; HISCOCK, Ch. J., not sitting.
Judgment reversed, etc. *518
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