New York Central Railroad v. Lefkowitz

Breitel, J. (dissenting).

The issue is made eminently clear in the lucid opinion for the'majority. It is whether the statutory requirement for a separate engineer assistant in the engine crew, as distinguished from the train crew, is supported on any rational evidentiary basis as relevant to safety. Thus, the majority recognizes that “ if it be a hollow device to shelter locomotive firemen from the economic consequences of diesel engine technology and of no useful purpose in the operation of the equipment, the railroads ought not be compelled to conform to it.” Indeed, it is quite impossible…