Hyperlawhypertext legal database Claim of Burdick v. International Railway Co. 264 N.Y. 510

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Claim of Burdick v. International Railway Co.

264 N.Y. 510 Court N.Y. Decision date 1934-03-20 English

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p. 510
In the Matter of the Claim of Isabelle Burdick against International Railway Company, Respondent. State Industrial Board, Appellant.
(Argued March 5, 1934;
decided March 20, 1934.)
p. 511
JohnJ. Bennett, Jr., Attorney-General (,JohnR. O’Hanlon and Henry Epstein of counsel), for State Industrial Board, appellant.
John F. McNulty for Isabelle Burdick, claimant.
Thomas G. Rickert and Harrop A. Freeman for respondent.

Order of the Appellate Division reversed and award of the State Industrial Board reinstated with one bill of costs in this court and in the Appellate Division on the ground that at the time of the accident the decedent was not employed in interstate commerce by a common carrier by railroad. No opinion.

Concur: Crane, Lehman, Htjbbs and Crouch, JJ. Dissenting: Pound, Ch. J., and O’Brien, J. Not sitting: Kellogg, J.