United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York Central & Hudson River R. Co. v. Carr, 238 U.S. 260 (1915)

New York Central & Hudson River Railroad Company v. Carr

No. 257

Argued May 4, 1915

Decided June 14, 1915

238 U.S. 260

Syllabus

During the same day, railroad employees often and rapidly pass from intrastate to interstate employment, and the courts are constantly called upon to decide close questions as to the dividing line between the two classes of employment. Each case must be decided in the light of its particular facts.

In this case, held that:

A brakeman on an intrastate car in a train consisting of both intrastate and interstate cars who is engaged in cutting out the intrastate car so that the train may proceed on its interstate business is, while so, doing engaged and employed in interstate commerce, and may maintain an action under the Employers' Liability Act.

158 App.Div. 891 affirmed.

The facts, which involve the validity of a verdict and judgment for damages under the Employers' Liability Act, are stated in the opinion.

Page 238 U. S. 261