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SULLIVAN v. NEW YORK, N. H. & H. R. CO.

No. 121.

74 F.2d 725 (1935)

SULLIVAN v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City (Thomas J. O'Neill, William J. Hogan, and Jeremiah J. Riordan, all of New York City, of counsel), for plaintiff-appellant.

John M. Gibbons, of New York City (E. R. Brumley, of New York City, of counsel), for defendant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether the plaintiff, an employee of the defendant, New York, New Haven & Hartford Railroad, who was injured while at work repairing the fire box of a boiler in a power house belonging to the railroad at Cos Cob, Conn., was at the time engaged in interstate commerce. The court below dismissed the action brought to recover damages for personal injuries on the ground that the plaintiff was not...

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