Rogers v. International Railway Co. — 241 N.Y. 541

Majority

p. 541

Mary Rogers, as Administratrix of the Estate of Bert E. Rogers, Deceased, Appellant, v. International Railway Company, Respondent.

Headnote

Railroads — master and servant — Federal Employers’ Liability Act — local cars not rendered instrumentality of foreign commerce by occasional carriage of passenger bound for foreign country.

Rogers v. International Ry. Co., 214 App. Div. 758 , affirmed.

(Argued October 16, 1925;

decided October 30, 1925.)

Appeal from a judgment, entered July 17, 1925, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action, brought under the Federal Employers’ Liability Act, to recover for the death of plaintiff’s intestate alleged to have been occasioned

p. 542

through the negligence of defendant, his employer. Intestate, a conductor, was killed while about to take out his car on its daily run. between the city of Buffalo and the village of Kenmore. It was contended that because passengers riding on through tickets from' Canada were entitled to ride on the car on which intestate was employed, he was engaged in interstate commerce.

Hamilton Ward for appellant.

Noel S. Symons and Raymond C. Vaughan for respondent.

Judgment affirmed, with costs, on authority of Borelli v. International Ry. Co. ( 240 N. Y. 54 ); no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.

Cases cited

Borelli v. International Railway Co. 240 N. Y. 54 N.Y. 1925-03-03 p. 542