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Matter of Matessa v. Pennsylvania Railroad Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 4, 1942
263 App. Div. 1023 (N.Y. App. Div. 1942)

Opinion

March 4, 1942.

Present — Crapser, Acting P.J., Bliss, Heffernan, Schenck and Foster, JJ.


Appeal by employer from an award which is based on a finding that claimant, at the time he was accidentally injured, was not engaged in interstate railroad transportation. The sole issue is whether the Workmen's Compensation Law or the Federal Employers' Liability Act [U.S. Code, tit. 45, §§ 51-60] applies. There is evidence to sustain a finding that at the time of the accident the ferry boat involved carried no railroad passengers or vehicles, and was not being operated at the time in railroad service. The Federal Employers' Liability Act does not apply to ferry boats operated apart from railroad service. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Matessa v. Pennsylvania Railroad Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 4, 1942
263 App. Div. 1023 (N.Y. App. Div. 1942)
Case details for

Matter of Matessa v. Pennsylvania Railroad Co.

Case Details

Full title:In the Matter of the Claim of JAMES V. MATESSA, Respondent, against THE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 4, 1942

Citations

263 App. Div. 1023 (N.Y. App. Div. 1942)