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Greco v. Long Island Railroad

159 N.Y.S. 819 Court N.Y. App. Div. Decision date 1916-06-29 English

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p. 819
(174 App. Div. 876)
GRECO v. LONG ISLAND R. CO.
(Supreme Court, Appellate Division, Second Department.
June 29, 1916.)

Headnote

Master and Servant <s=>89(1).—Injuries to Servant—Injuries in Course of Employment
A railroad employé, who was not discharging any duty of his employment when he boarded the railroad’s moving train, unlike flagmen and brakemen, whose particular service makes the boarding of trains a practice known to and sanctioned by the railroad company, could not recover against the road for injuries sustained in boarding a train.
[Eel Note.—For other cases, see Master and Servant, Cent. Dig. § 153 ; Dec. Dig. <$=>89(1).]
<S=>!'or other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexer
Appeal from Trial Term, Queens County.
Action by Carmine Greco against the Long Island Railroad Company. There was judgment dismissing the complaint, and plaintiff appealed. On reargument. Judgment affirmed.
See, also, 159 App. Div. 298 , 144 N. Y. Supp. 240 .
Argued before JENKS, P. J., and THOMAS, CARR, STAPLE-TON, and PUTNAM, JJ.
Thornton J. Theall, of New York City, for appellant.
Alfred A. Gardner, of New York City, for respondent.

Judgment affirmed on reargument, with costs. Kent v. Erie R. R. Co., 217 N. Y. 349 , 111 N. E. 1071 , is distinguishable. When boarding defendant’s train, Greco was not then discharging any duty of his emplojunent. His action, therefore, was unlike the instances of flagmen or bralcemen whose particular service makes boarding of moving trains a practice known to, and sanctioned by, the railroad company.

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