Carey v. New York Central Railroad

Cardozo, Ch. J.

The action is under the Federal Employers’ Liability Act to recover damages for negligence resulting in death.

Carey, an engineer in the service of defendant, was taking a string of coopered cars from the defendant’s yard in Buffalo to another yard or junction. The cars were to be sent from the junction to the Buffalo grain elevators, where they were to be held in readiness for expected orders for the movement of grain. In switching the cars at the junction from the main track to a side one, Carey was killed. The question is whether he was engaged, when injured, in interstate…