Majority
p. 571In the Matter of the Claim of Ethel H. Vollmers against The New York Central Railroad Company, Respondent. State Industrial Commission, Appellant. (Argued February 27, 1918; decided March 19, 1918.)
Headnote
Vollmers v. N. Y. Central R. R. Co., 180 App. Div. 60 , reversed.Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 13, 1917, which reversed an award of the state industrial commission made under the Workmen’s Compensation Law, and dismissed the claim on the ground that the claimant’s husband when he met with the accident which caused his death was employed by the railroad as a plumber in inspection and repair of a passenger station at Hillsdale, then in use by the railroad as an instrumentality of interstate commerce, and that, therefore, the Federal Employers’ Liability Act exclusively prescribed and limited the rights and liabilities of the parties.
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: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo,. Pound and Andrews, JJ.
Cases cited
- Shanks v. Delaware, Lackawanna & Western Railroad 214 N. Y. 413 p. 571
- Shanks v. Delaware, Lackawanna & Western Railroad 239 U. S. 556 p. 571
- Claim of Gallagher v. New York Central Railroad 222 N. Y. 649 p. 571