Vick v. . N.Y.C. H.R.R.R. Co.

The recovery in this action is based upon the ground that at the time of the accident, which resulted in the death of the plaintiff's intestate, he was a passenger upon the defendant's car and not an employe. This is the most important question arising upon this appeal, for if the deceased was an employe, and, at the time he received his injury, in the service of the defendant, then the action cannot be maintained, and the court below erred in refusing to direct a verdict in favor of the defendant, as well as in denying the motion for a nonsuit, and in not holding, as requested, that the…