Legal Opinion

Claim of Cullen v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1933PublishedCited by 1 opinion

1Opinion of the CourtHill, P. J.

The Industrial Commission has awarded death benefits to the widow of Charles Cullen, who met his death while an employee of the Erie Railroad Company, working in its yards at Jamestown, N. Y. A finding was made that “ the claimant was not engaged in interstate commerce, nor in any work so closely identified thereto as to be a part thereof.” It has been said that “ The question whether an employee is or is not engaged in interstate commerce involves a consideration of acts which he is performing at the time and perhaps of surrounding conditions and the ultimate conclusion that he was or was…

2Cases cited4 opinions

  1. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  2. St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
  3. Lynch v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
  4. Claim of Otterstedt v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1922

3Cited by1 opinion

  1. Claim of MacLemale v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937

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