Claim of Liberti v. Staten Island Railway Co.

Kellogg, P. J.:

The only question presented on this appeal is whether or not the employee, at the time of the accident, was engaged in interstate commerce. He was a common laborer, and he and a number of other laborers were running a handcar upon the spur track which runs from at or near the defendant’s station into the grounds of the Mission of the Immaculate Virgin, a short distance from the appellant’s line. He fell from the *91car, receiving injuries from which he died. The track was owned by the mission and maintained by the railroad company at the expense of and for the mission, and was its…