Havey v. Erie Railroad

The opinion of the court was delivered hy

Kalisch, J.

Garret Havey, the petitioner’s decedent, was a brakeman in the employ of the prosecutor. It is not denied *445by the prosecutor that the plaintiff’s decedent met his death by an accident arising out of and in the course of his employment.

The trial judge found the following facts:

1. That at the time the plaintiff’s decedent wen! into the employ of the prosecutor, he represented himself to the prosecutor to be John Joseph TIavey, aged twenty-one years, when in fact he was Garret Havey, aged eighteen years.

2. That at the time of the decedent’s…