Legal Opinion

Claim of Winfield v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1915PublishedCited by 12 opinions

Appeal by the New York Central and Hudson Biver Bail-road Company from an award of the Workmen’s Compensation Commission herein, dated November 11, 1914.

1Opinion of the Court

Kellogg, J.:

The claimant was injured while engaged in tamping ties upon the appellant’s track at Lake Katrine, Ulster county, N. Y., which was used both for State and interstate commerce. While thus tamping the ties a stone flew up and injured his eye, for which injury this claim is made. We may assume that if he had been injured by the defendant’s negligence he could maintain an action therefor under the Federal Employers’ Liability Act. It is urged that he is not entitled to the benefit of the Workmen’s Compensation Law as he was injured while engaged in interstate commerce, but can seek…

2Cited by12 opinions

  1. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  2. Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
  3. Holland-St. Louis Sugar Co. v. ShralukaIndiana Court of Appeals · 1917
  4. Staley v. Illinois Central RailroadIllinois Supreme Court · 1915
  5. Claim of Spratt v. Sweeney & Gray Co.Appellate Division of the Supreme Court of the State of New York · 1915

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