Conover v. Public Service Railway Co.

The opinion of the court was delivered by

Minturr, J.

The concrete inquiry presented in this ease by the demurrer to the declaration is whether paragraph 3, section 1, of chapter 83 of the laws of 1909 (Pamph. L., p. 114), popularly known as the Employers’ Liability act, applies to the suit of an injured employe of a street railway company, whose injury is admittedly the result of the negligence of a fellow-servant.

The section in question provides, inter alia, that the employer shall be liable for the injury or death of an employe, avIio in the exercise of reasonable care is injured or killed…