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Claim of Rhoe v. Delaware, Lackawanna & Western Railroad

266 N.Y. 553 Court N.Y. Decision date 1935-02-26 English

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p. 553
In the Matter of the Claim of Mary J. Rhoe, Respondent, against Delaware, Lackawanna and Western Railroad Company, Appellant. State Industrial Board, Respondent.
(Argued January 15, 1935;
decided February 26, 1935.)
p. 554
John S. O’Donnell and Evan Hollister for appellant.
John J. Bennett, Jr., Attorney-General (Hector Robichon of counsel), for State Industrial Board respondent.
George H. Kennedy for claimant, respondent.

Order of the Appellate Division and award of the State Industrial Board reversed and claim dismissed, with costs in this court and in the Appellate Division against the State Industrial Board. Held, that the deceased was engaged in interstate commerce. No opinion,

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Louqhran and Finch; JJ.