Plass v. Central New England Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered November 26,1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. (See 226 N. Y. 569, 621.) The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Crane J.
When this case was here before, we sent it back to the commission to determine whether or not Plass, the deceased, was engaged in interstate commerce. (221 N. Y. 472.)" This question of fact had not been determined. Upon a rehearing it was found by the state industrial commission that he was not engaged in interstate commerce at the time he received the injury resulting in his death.
The award to the widow was affirmed by the Appellate Division and by this court. A re-argument has been had, upon the assertion that the decision of New York Central Railroad Co. v. Porter (249 U. S. 168)…
2Cases cited2 opinions
- New York Central Railroad v. PorterSupreme Court of the United States · 1919
- Claim of Plass v. Central New England Railway Co.New York Court of Appeals · 1917
3Cited by10 opinions
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Myers v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1922
- Matter of Quirk v. . Erie R.R. Co.New York Court of Appeals · 1923
- Buynofsky v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1920
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