(Download) "New York Central Railroad Company v. Winfield." by Supreme Court of the United States " eBook PDF Kindle ePub Free
eBook details
- Title: New York Central Railroad Company v. Winfield.
- Author : Supreme Court of the United States
- Release Date : January 21, 1917
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
whereby he lost the use of an eye. At that time the railroad company was engaging in interstate commerce as a common carrier and Winfield was employed by it in such commerce. The injury was not due to any fault or negligence of the carrier, or of any of its officers, agents or employees, but arose out of one of the ordinary risks of the work in which Winfield was engaged. He was a section laborer assisting in the repair of the carriers main track and while tamping cross-ties struck a pebble which chanced to rebound and hit his eye. Following the injury he sought compensation therefor from the carrier under the Workmens Compensation Law of the State and an award was made to him by the state commission, one member dissenting. The carrier appealed and the award was affirmed by the Appellate Division of the Supreme Court, two judges dissenting, 168 App. Div. 351, and also by the Court of Appeals, 216 N.Y. 284. Before the commission and in the state courts the carrier insisted that its liability or obligation and the employees right were governed exclusively by the Employers Liability Act of Congress, c. 149, 35 Stat. 65; c. 143, 36 Stat. 291, and therefore that no award could be made under the law of the State. That insistence is renewed here.
 "New York Central Railroad Company v. Winfield." by Supreme Court of the United States " eBook PDF Kindle ePub Free){kind=link}