Marcone v. New York Central R.R. Co.

The opinion of the court was delivered by

Lloyd, J.

This is an appeal by the defendant from a judgment in favor of the plaintiff in the Hudson County Circuit Court. The action was under the Federal Employers’ Liability act to recover damages for the death of an employe claimed to be due to the negligence of the defendant while deceased was in interstate commerce employment. In addition to certain alleged trial errors appellant contends that the case should have been controlled by the court through nonsuit on two grounds: (1) that the deceased was not at the time in interstate commerce; and (2)…