Legal Opinion

Matter of Saxon v. . Erie R.R. Co.

New York Court of Appeals

Decided July 11, 1917PublishedCited by 2 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1916, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The deceased was engaged in interstate commerce at the time of the accident. (Pederson v. D.,L. & W. R. R. Co., 229 U. S. 146; Eng v. Southern Pacific R. R. Co., 210 Fed.

Read the full summary

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1916, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The deceased was engaged in interstate commerce at the time of the accident. (Pederson v. D.,L. & W. R. R. Co., 229 U. S. 146; Eng v. Southern Pacific R. R. Co., 210 Fed. Rep. 92; Law v. Illinois Central Railroad Co., 208 Fed. Rep. 869; Walsh v. N. Y., N. H. & H. R. R. Co., 223 U. S. 5, 6; Central Railway…

1Opinion of the Court

Hiscock, Ch. J.

The findings disclose that at the time of the death of claimant’s husband he was in the employ of the Erie Railroad Company, which was engaged in moving both interstate and intrastate commerce. The deceased was a machinist’s helper and on the day in question had been assigned to help in making light repairs on certain engines. As he was proceeding from a spot where he had been waiting to the place where he was to engage in making these repairs he was run over by an engine and killed. The findings do not state generally whether the intestate at the time of his death was engaged…

2Cases cited5 opinions

  1. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  2. Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
  3. Matter of Bloomfield v. . NovemberNew York Court of Appeals · 1916
  4. Matter of Winfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1915
  5. Dougherty v. . Lion Fire Ins. Co.New York Court of Appeals · 1905

3Cited by2 opinions

  1. Claim of Plass v. Central New England Railway Co.New York Court of Appeals · 1917
  2. Claim of Plass v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API