Greco v. Long Island Railroad — 174 A.D. 876

Majority

p. 876

Carmine Greco, Appellant, v. Long Island Railroad Company, Respondent.

Headnote

Reargument of an appeal by the plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 3d day of Hay, 1914, dismissing the complaint at the close of his ease.

Judgment affirmed on reargument, with costs. Kent v. Erie R. R. Co. ( 217 N. Y. 349 ) is distinguishable. When boarding defendant’s train Greco was not then discharging any duty of his employment. His action, therefore, was unlike the instances of flagmen or brakemen whose particular service makes boarding of moving trains a practice known to, and sanctioned by, the railroad company. Present — Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ. Judgment unanimously affirmed on reargument, with costs.

Cases cited

Kent v. Erie Railroad 217 N. Y. 349 N.Y. 1916-02-29 p. 876