Claim of Zmuda v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of New York

Claim of Zmuda v. Delaware, Lackawanna & Western Railroad

243 A.D. 827

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1935

StatusPublished

Cited by2 cases

This text of 243 A.D. 827 (Claim of Zmuda v. Delaware, Lackawanna & Western Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Zmuda v. Delaware, Lackawanna & Western Railroad, 243 A.D. 827 (N.Y. Ct. App. 1935).

Pincite

Opinion

The deceased was a turntable operator and while engaged in the act of directing the entrance of an engine into a stall of a roundhouse was crushed by a door which resulted in his death. The engine had shortly before come in from drawing an interstate train and had been left by the crew 1,000 feet from the roundhouse where it was taken charge of by the hostler who took it to the ashpit and water plug and was then moving it into the roundhouse when the accident happened. The engine remained in the roundhouse for two days; the fire was dumped. There were no orders for its future use. The [828]*828deceased at the time of the accident was hot engaged in interstate commerce.' Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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The deceased was a turntable operator and while engaged in the act of directing the entrance of an engine into a stall of a roundhouse was crushed by a door which resulted in his death. The engine had shortly before come in from drawing an interstate train and had been left by the crew 1,000 feet from the roundhouse where it was taken charge of by the hostler who took it to the ashpit and water plug and was then moving it into the roundhouse when the accident happened. The engine remained in the roundhouse for two days; the fire was dumped. There were no orders for its future use. The [828]*828deceased at the time of the accident was hot engaged in interstate commerce.' Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

243 A.D. 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-zmuda-v-delaware-lackawanna-western-railroad-nyappdiv-1935.

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