Janet B. Jopek, of the Estate of Donald N. Jopek, Deceased v. New York Central Railroad Company, a Corporation

STALEY, Circuit Judge.

The sole question raised by this appeal is whether the district court erred in finding as a matter of law that a railroad employee whose duties were to sweep and clean certain switches was actually engaged in or connected with the movement of any train within the meaning of the Hours of Service Act, 45 U.S.C. § 61 et seq.

The relevant facts may be summarily stated as follows: Plaintiff’s husband, Donald Jopek, was employed by the New York Central as a welder at its Ashtabula, Ohio, yards. At 4:30 o'clock A.M. on the morning of December 10, 1962, Jopek left his home in…