Legal Opinion · Dissent

Delaware, L. & W. R. Co. v. Busse

Court of Appeals for the Second Circuit

Decided January 14, 1920No. 58Published

In Error to the District Court of the United States for the Southern District of New York. Action by Hans Busse against the Delaware, Lackawanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error.

1DissentHough, Circuit Judge

On the point of occupation in interstate commerce, this decision goes even beyond the Collins (259 Fed. 178,-C. C. A. —) and Szary (259 Fed. 178,-C. C. A.-) Cases. It is perhaps their appropriate corollary, though I venture to prefer the interpretation of the ruling Shank’s opinion given in Matter of Vollmers, 223 N. Y. 571, 119 N. E. 1084.

If this watchman was not remotely concerned in interstate commerce, the same is true of an office boy in the freight collector’s office, or any other clerical attaché who reports for duty on a pier, which can only *523receive freight for, or deliver freight…

2Cases cited3 opinions

  1. Lehigh Valley R. v. ScanlonCourt of Appeals for the Second Circuit · 1919
  2. Erie R. v. SzaryCourt of Appeals for the Second Circuit · 1919
  3. Matter of Vollmers v. . the New York Central Railroad Co.New York Court of Appeals · 1918

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