Gehan v. New York Central Railroad

Kiley, J. (dissenting):

Claimant’s intestate was a yard brakeman in the employ of the appellant railroad company in its yards at Thompson Station near Lyons, N. Y. On July 19, 1921, at about five-thirty p. m., he fell from the top of a car which ran over him. The injuries were fatal. The claimant, his widow, was awarded compensation. The appeal from such award raises a single question, viz., that the decedent was engaged in interstate commerce at the time he received his injury, and that, therefore, the award was improper. The yardmaster was assembling cars that were in the yard at Thompson…