Moore v. Lehigh Valley Railroad — 217 N.Y. 627

Majority

p. 627

In the Matter of Ralph R. Moore, Respondent, v. Lehigh Valley Railroad Company, Appellant.

Headnote

Matter of Moore v. Lehigh Valley R. R. Co., 169 App. Div. 177 , affirmed.

(Argued January 11, 1916;

decided January 25, 1916.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial

p. 628

department, entered July 3, 1915, which affirmed an award of the workmen’s compensation commission for injuries received by claimant while in the employ of the defendant as a telegraph lineman through his being run over by a car under which he sought shelter from a heavy rain occurring while he was in the discharge of his duties.

Benjamin F. La Rue for appellant.

Egburt E. Woodbury, Attorney-General (E. C. Aiken of counsel), for respondent.

' Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Cardozo, Seabury and Pound, JJ.