Summary
In Vollmers v. N.Y.C.R.R. Co. (223 N.Y. 571) the Court of Appeals reversed the Appellate Division, Third Department (180 App. Div. 60), which held that a plumber employed in the maintenance of ways department of the New York Central Railroad Company for a period of years, whose duties required him to be in and about the railroad properties generally, was engaged in interstate commerce when run over and killed while he was crossing the tracks in front of a station in which he had been working.
Summary of this case from Hiser v. DavisOpinion
Argued February 27, 1918
Decided March 19, 1918
Merton E. Lewis, Attorney-General ( E.C. Aiken of counsel) for appellant.
Robert E. Whalen for respondent.
Order of Appellate Division reversed and determination of the state industrial commission affirmed, with costs in the Appellate Division and in this court, on the authority of Shanks v. D., L. W.R.R. Co. ( 214 N.Y. 413; 239 U.S. 556); Gallagher v. N.Y.C. H.R.R.R. Co. ( 180 App. Div. 88; 222 N.Y. 649); no opinion.
Concur: HISCOCK, Ch. J., CHASE, COLLIN, CUDDEBACK, CARDOZO, POUND and ANDREWS, JJ.