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NEW YORK CENT. R.R. CO. v. PORTER

No. 134.

249 U.S. 168 (1919)

NEW YORK CENTRAL RAILROAD COMPANY, SUCCESSOR OF THE NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, v. PORTER, FOR HERSELF AND FOR HER FOUR MINOR CHILDREN, ETC., ET AL.

Supreme Court of United States.

Decided March 3, 1919.

Attorney(s) appearing for the Case

Mr. Robert E. Whalen for plaintiff in error.

Mr. Merton E. Lewis, Attorney General of the State of New York, and Mr. E. Clarence Aiken for defendants in error. Mr. Albert T. Wilkinson, for defendants in error, in a separate brief.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Lewis M. Porter, a section-man, was struck and instantly killed by plaintiff in error's engine attached to a passenger train and moving along the main track. The Appellate Division affirmed an award in behalf of his widow and children under the New York Workmen's Compensation Law.

If the deceased was employed in interstate commerce when the accident occurred...

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