Matter of Vollmers v. . the New York Central Railroad Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 13, 1917, which reversed an award of the state industrial commission made under the Workmen’s Compensation Law, and dismissed the claim on the ground that the claimant’s husband when he met with the accident which caused his death was employed by the railroad as a plumber in inspection and repair of a passenger station at Hillsdale, then in use by the…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 13, 1917, which reversed an award of the state industrial commission made under the Workmen’s Compensation Law, and dismissed the claim on the ground that the claimant’s husband when he met with the accident which caused his death was employed by the railroad as a plumber in inspection and repair of a passenger station at Hillsdale, then in use by the railroad as an instrumentality of interstate commerce, and that, therefore, the Federal Employers’ Liability Act exclusively…
1Opinion of the Court
Order of Appellate Division reversed and determination of the state industrial commission affirmed, with costs in the Appellate Division and in this court, on the authority of Shanks v. D., L. & W. R. R. Co. (214 N. Y. 413; 239 U. S. 556); Gallagher v. N. Y. C. & H. R. R. R. Co. (180 App. Div. 88; 222 N. Y. 649); no opinion.
Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo,. Pound and Andrews, JJ.
2Cases cited4 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Shanks v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1915
- Claim of Gallagher v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Matter of Gallagher v. . the New York Central Rd. Co.New York Court of Appeals · 1918
3Cited by4 opinions
- Claim of Klochyn v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Hiser v. DavisAppellate Division of the Supreme Court of the State of New York · 1922
- Claim of Vacca v. Genesee & Wyoming RailroadAppellate Division of the Supreme Court of the State of New York · 1921
- Delaware, L. & W. R. Co. v. BusseCourt of Appeals for the Second Circuit · 1920