Legal Opinion
Claim of McGowan v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1942PublishedCited by 3 opinions
1Opinion of the CourtHill, P. J.
Appeal by the Railroad Company, employer, from an award for total disability made payable to the widow of the claimant. It is contended that the Federal Employers ’ Liability Act (U. S. Code, tit. 45, ch. 2) controls for two reasons: First, that the claimant had “ manifold duties of supervising work upon engines in both classes of commerce ” and second, that the engine upon which he was working when injured had not been withdrawn from its regular work of drawing an interstate train.
*273The engine was taken from the train at Albany and placed in the Bensselaer shops at about four-thirty o’clock on…
2Cases cited8 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Erie Railroad v. CollinsSupreme Court of the United States · 1920
- New York, New Haven & Hartford Railroad v. BezueSupreme Court of the United States · 1932
- New York Central Railroad v. PorterSupreme Court of the United States · 1919
- Matter of Quirk v. . Erie R.R. Co.New York Court of Appeals · 1923
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3Cited by3 opinions
- Agostino v. Pennsylvania R. Co.District Court, E.D. New York · 1943
- Claim of Pudsey v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1948
- Claims of Christo v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1948