| SooperKanoon Citation | sooperkanoon.com/93119 |
| Court | US Supreme Court |
| Decided On | Mar-03-1919 |
| Case Number | 249 U.S. 168 |
| Appellant | New York Central R. Co |
| Respondent | Porter |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]new york central r. co v. porter - 249 u.s. 168 (1919) u.s. supreme court new york central r. co v. porter, 249 u.s. 168 (1919) new york central railroad company v. porter no. 134 submitted january 10, 1919 decided march 3, 1919 249 u.s. 168 error to the supreme court, appellate division, third judicial department, of the state of new york syllabus an employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce held employed in interstate commerce; the resulting rights and liabilities were determinable by the federal employers' liability act, and the state workmen's compensation law was.....Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
New York Central Railroad Company v. Porter
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
No. 134
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. 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Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Submitted January 10, 1919
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Decided March 3, 1919
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
249 U.S. 168
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce held employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
172 App.Div. 918 reversed.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The case is stated in the opinion.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
widow and children under the New York Workmen's Compensation Law.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. New York Central R. Co. v. Winfield, 244 U. S. 147 ; Erie R. Co. v. Winfield, 244 U. S. 170 .
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The evidence showed and the state Workmen's Compensation Commission found:
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
"Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce."
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Considered in connection with our opinions in Pederson v. Delaware, Lackawanna & Western R. Co., 229 U. S. 146 , Southern Railway Co. v. Puckett, 244 U. S. 571 , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Reversed and remanded.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 21include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE CLARKE dissents.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a class="page-number" id="169"> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a href="/case/92612/new-york-central-r-co-vs-winfield"> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a href="/case/92613/erie-r-co-vs-winfield"> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a href="/case/91533/pedersen-vs-delaware-l-w-r-co"> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a href="/case/92573/southern-ry-co-vs-puckett"> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ), 'casename_url' => 'new-york-central-r-co-vs-porter', 'args' => array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) ) $title_for_layout = 'New York Central R Co Vs Porter - Citation 93119 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93119', 'acts' => null, 'appealno' => '249 U.S. 168', 'appellant' => 'New York Central R. Co', 'authreffered' => null, 'casename' => 'New York Central R. Co Vs. Porter', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1919-03-03', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> </p> <p> <b> No. 134 </b> </p> <p> <b> Submitted January 10, 1919 </b> </p> <p> <b> Decided March 3, 1919 </b> </p> <p> <b> 249 U.S. 168 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> </p> <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. </p> <p> 172 App.Div. 918 reversed. </p> <p> The case is stated in the opinion. </p> <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. </p> <p> 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 </p> <p> <a> Page 249 U. S. 169 </a> </p> <p> widow and children under the New York Workmen's Compensation Law. </p> <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . </p> <p> The evidence showed and the state Workmen's Compensation Commission found: </p> <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." </p> <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. </p> <p> <em> Reversed and remanded. </em> </p> <p> MR. JUSTICE CLARKE dissents. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Porter', 'sub' => null, 'link' => '/cases/federal/us/249/168/', 'circuit' => null ) ) $casename_url = 'new-york-central-r-co-vs-porter' $args = array( (int) 0 => '93119', (int) 1 => 'new-york-central-r-co-vs-porter' ) $url = 'https://sooperkanoon.com/case/amp/93119/new-york-central-r-co-vs-porter' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '03', (int) 2 => '1919' ) $content = array( (int) 0 => '<html><head></head><body><div> New York Central R. Co v. Porter - 249 U.S. 168 (1919) <br/> <span> U.S. Supreme Court New York Central R. Co v. Porter, 249 U.S. 168 (1919) </span> <p> <b> New York Central Railroad Company v. Porter </b> ', (int) 1 => ' <p> <b> No. 134 </b> ', (int) 2 => ' <p> <b> Submitted January 10, 1919 </b> ', (int) 3 => ' <p> <b> Decided March 3, 1919 </b> ', (int) 4 => ' <p> <b> 249 U.S. 168 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD </em> ', (int) 7 => ' <p> <em> JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> An employee of a railroad company killed by a train while removing snow on its premises from a space between a platform and a track used in interstate as well as intrastate commerce <em> held </em> employed in interstate commerce; the resulting rights and liabilities were determinable by the Federal Employers' Liability Act, and the state Workmen's Compensation Law was inapplicable. ', (int) 10 => ' <p> 172 App.Div. 918 reversed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> MR. JUSTICE McREYNOLDS delivered the opinion of the Court. ', (int) 13 => ' <p> 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 ', (int) 14 => ' <p> <a> Page 249 U. S. 169 </a> ', (int) 15 => ' <p> widow and children under the New York Workmen's Compensation Law. ', (int) 16 => ' <p> If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers' Liability Act, and the state statute did not apply. <em> New York Central R. Co. v. Winfield, </em> <span> <a> 244 U. S. 147 </a> </span> ; <em> Erie R. Co. v. Winfield, </em> <span> <a> 244 U. S. 170 </a> </span> . ', (int) 17 => ' <p> The evidence showed and the state Workmen's Compensation Commission found: ', (int) 18 => ' <p> "Lewis M. Porter resided at Camden, N.Y., and upon the date of the accident, December 17, 1914, was in the employ of the New York Central Railroad Company as a laborer. On said date, while engaged in shoveling snow upon the premises of the New York Central Railroad Company between the west-bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he was struck by the engine of a passenger train known as Train No. 49, which was proceeding northerly on the west-bound track, receiving injuries from which he died immediately. The tracks of the New York Central Railroad Company at the point where the deceased was working were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce." ', (int) 19 => ' <p> Considered in connection with our opinions in <em> Pederson v. Delaware, Lackawanna & Western R. Co., </em> <span> <a> 229 U. S. 146 </a> </span> , <em> Southern Railway Co. v. Puckett, </em> <span> <a> 244 U. S. 571 </a> </span> , and cases there cited, we think the circumstances here presented make it quite clear that, when killed, Porter was employed in interstate commerce. Accordingly, the judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. ', (int) 20 => ' <p> <em> Reversed and remanded. </em> ', (int) 21 => ' <p> MR. JUSTICE CLARKE dissents. ', (int) 22 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 23 $i = (int) 22include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109