McAuliffe v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 28th day of February, 1914, upon the verdict of a jury for $32,000, and also from an order entered in said clerk’s office on the 5th day of March, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The primary question is whether the defendant, a common carrier, “ while engaging in commerce between any of the several States,” injured the plaintiff while “ employed by such carrier in such commerce,” within the meaning of the act of Congress of April 22, 1908 (35 U. S. Stat. at Large, 65, chap. 149), commonly called the “ Federal Employers’ Liability Act.” *847The plaintiff, conductor of freight trains, proceeding south with a locomotive tender and caboose, stopped at Cornwall for orders, and while crossing the north-bound track to register his arrival, was struck by the locomotive…
2Cases cited3 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
3Cited by1 opinion
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916