Hendricks v. N.Y., N.H. H.R.R. Co.

Plaintiff was an employee of defendant engaged in interstate commerce. In an action instituted under the Federal Employers' Liability Act, he recovered judgment for personal injuries. It has been reversed as matter of law and the complaint dismissed. The majority of the Appellate Division held that defendant did not fail in its duty to protect him and that, moreover, at the time of his injury he had deviated from his employment. We are unable to accept either theory.

After the close of working hours, plaintiff was given free transportation by defendant to the station nearest his home. The…