Central R. Co. of New Jersey v. Monahan

(after stating the facts as above). It appeal’s to us that, the ease is ruled by Pedersen’s Case, 33 S. Ct. 648, 229 U. S. 146, 57 L. Ed. 1125, Ann. Cas. 1914C, 153, and Smith’s Case, 39 S. Ct. 396, 250 U. S. 101, 63 L. Ed. 869, so far as concerns the decedent’s employment. The only distinction between the ease at bar and Pedersen’s Case is that Pedersen was fetching a rivet to a bridge on which he was himself working. Any importance that circumstance may be thought to have is met by Smith’s Case, in which it was absent. Smith was the cook of a repair gang, and never did work upon the tracks…