Claim of Gallagher v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central Railroad Company, from a decision and award of the State Industrial Commission rendered on the 7th day of September, 1916.
1Opinion of the Court
Kellogg, P. J.:
The appellant contends that the intestate was engaged in repairing an instrumentality of interstate commerce and, therefore, that the Workmen’s Compensation Law (Consol. Laws, chap. 67 [Laws of 1914, chap. 41], as amd.) has no application. The decedent was a carpenter, in the general employ of the company, and at the time he met his death he was repairing its coal pockets, about half a mile north of Ravena, on a side track. Coal from the pockets was used from time to time for locomotives engaged in interstate or intrastate commerce as desired.
It is unprofitable to comment upon…
2Cases cited1 opinion
- Lehigh Valley Railroad v. BarlowSupreme Court of the United States · 1917
3Cited by8 opinions
- Denver & R. G. W. R. v. Industrial CommissionUtah Supreme Court · 1922
- Slatinka v. United States Railway AdministrationSupreme Court of Iowa · 1922
- Matter of Vollmers v. . the New York Central Railroad Co.New York Court of Appeals · 1918
- Haney v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1936
- Claim of Klochyn v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1926
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