Legal Opinion
Claim of Libertucci v. New York Central Railroad
New York Court of Appeals
Decided November 19, 1929PublishedCited by 6 opinions
1Opinion of the Court
Cardozo, Ch. J.
Peter Libertucci was a watchman or helper in the service of the respondent, an interstate carrier. A piece of coal, falling on his ankle, broke the skin, and set up an infection which resulted in his death. A claim by dependents under the Workmen’s Compensation Law (Cons. Laws, ch. 67) has been dismissed upon the ground that he was engaged in interstate commerce when the accident befell him.
Libertucci’s duty was to watch an engine between trips and have it ready for use. The engine was assigned to trains 1008 and 1007. Train 1008 ran daily from Utica to Ravena, arriving at the…
2Cases cited4 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Cott v. . Erie R.R. Co.New York Court of Appeals · 1921
- Carey v. N.Y.C.R.R. Co.New York Court of Appeals · 1929
3Cited by6 opinions
- Miller v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1939
- Salkeld v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1940
- Miller v. Lehigh Valley Rr. Co.Superior Court of Pennsylvania · 1939
- Claim of McGowan v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1942
- Claim of Sawran v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1935
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