New York Co v. Bezue, No. 263

CourtUnited States Supreme Court
Writing for the CourtROBERTS
Citation284 U.S. 415,52 S.Ct. 205,77 A.L.R. 1370,76 L.Ed. 370
PartiesNEW YORK N. H. & H. R. CO. v. BEZUE
Decision Date25 January 1932
Docket NumberNo. 263

284 U.S. 415
52 S.Ct. 205
76 L.Ed. 370
NEW YORK N. H. & H. R. CO.

v.

BEZUE.

No. 263.
Argued Jan. 7, 1932.
Decided Jan. 25, 1932.

Page 416

Messrs. Edward R. Brumley and John M. Gibbons, both of New York City, for petitioner.

Mr. Thomas J. O'Neill, of New York City, for respondent.

[Argument of Counsel from page 416 intentionally omitted]

Page 417

Mr. Justice ROBERTS delivered the opinion of the Court.

The respondent was injured while in the employ of petitioner, an interstate carrier. He brough suit under the Federal Employers' Liability Act (45 USCA §§ 51-59) in the Supreme Court of New York and recovered a judgment which was affirmed by the Appellate Division and the Court of Appeals.1 Petitioner urges that at the time of respondent's injury his work was not in interstate commerce within the intendment of the statute.

At Maybrook, N. Y., the westerly terminus of a branch of the railroad, petitioner maintains a roundhouse, a machine shop, a carpenter shop, and a so-called hoist building containing four tracks with two pits, a hoist of large capacity for raising engines, a lathe for repairing driving wheels, apparatus for electric welding, tool room, and electrical shop. These facilities are used largely for

Page 418

servicing and repairing locomotives engaged in interstate transportation. The respondent had been employed at this terminal for about a year, at first as an engine wiper; later, and at the time of the accident, as a member of a general unskilled labor gang. His principal work was the operation of an electric truck with which he transported materials from one portion of the plant to another. By means of this truck, and sometimes without it, he was accustomed to assist in various minor repairs to locomotives brought into the terminal, such as lifting driving rods, pumps, journal boxes, draw bars, assisting in greasing, or greasing, engines, and other work of a similar nature. On the morning of September 2, 1929, he was not using the truck, but pursuant to an order of the foreman of the gang joined other workmen in removing a pair of main driving wheels from a lathe in the hoist building and rolling them along the tracks in the yard to an engine pit where they were to be installed in a locomotive which had arrived at the terminal August 23, and had been set aside for the customary boiler wash given all engines every thirty days. Preparatory to the boiler wash, an inspection was made and orders were issued for certain work, which included the removal of the main driving wheels and shifting them to the hoist shop so that the journal might be turned, the transfer of several parts to the machine shop, the separation of the jacket from the fire box, the replacement of some four hundred seventeen leaking bolts, the renewal of bushings, and other items requiring skilled labor. The fire was dumped, the main driving wheels and other portions needing attention were removed, and the engine was left inert and incapable of locomotion.

The boiler wash and repairs consumed twelve days. On the ninth day, the turning of the journal on the...

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73 practice notes
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...556, 36 Sup. Ct. 188, 60 L. Ed. 436; C. & N.W. Railroad Co. v. Bolle, 284 U.S. 77, 52 Sup. Ct. 59, 76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415, 52 Sup. Ct. 205, 76 L. Ed. 370; C. & E.I. Railroad Co. v. Industrial Commission, 284 U.S. 296, 52 Sup. Ct. 151; Ill. Cent. Railroad Co. v. B......
  • Hamarstrom v. M.K.T. Ry. Co., No. 18850.
    • United States
    • Court of Appeal of Missouri (US)
    • April 4, 1938
    ...the Shanks Case and Chicago & E.I.R. Co. v. Industrial Comm., supra, it is said in New York, New Haven & Hartford R.R. Co. v. Bezue, 284 U.S. 415, 52 S. Ct. 205, 207, 76 L. Ed. 370, decided January 25, 1932: `The criterion of applicability of the statute is the employee's occupation at the ......
  • Leod v. Threlkeld, No. 787
    • United States
    • United States Supreme Court
    • June 7, 1943
    ...173; Chicago & E.I.R. Co. v. Commission, 284 U.S. 296, 52 S.Ct. 151, 76 L.Ed. 304, 77 A.L.R. 1367; New York, N.H. & H.R. Co. v. Bezue, 284 U.S. 415, 419, 52 S.Ct. 205, 206, 76 L.Ed. 370, 77 A.L.R. 1370. 10 Act of August 11, 1939, 53 Stat. 1404, 45 U.S.C.A. §§ 51, 54, 56, 60; Hearings, Senat......
  • Maxie v. Gulf Mobile & Ohio R.R. Co., No. 40231.
    • United States
    • United States State Supreme Court of Missouri
    • June 9, 1947
    ...at the time of his injury had been withdrawn from service, and was not being used in interstate commerce. N.Y.N.H. & H.R. Co. v. Bezue, 52 S. Ct. 205, 284 U.S. 415, 76 L. Ed. 370; Minneapolis & St. L.R. Co. v. Winters, 242 U.S. 353, 37 S. Ct. 170, 61 L. Ed. 358; Toussaint v. Cleveland, C.C.......
  • Request a trial to view additional results
73 cases
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...556, 36 Sup. Ct. 188, 60 L. Ed. 436; C. & N.W. Railroad Co. v. Bolle, 284 U.S. 77, 52 Sup. Ct. 59, 76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415, 52 Sup. Ct. 205, 76 L. Ed. 370; C. & E.I. Railroad Co. v. Industrial Commission, 284 U.S. 296, 52 Sup. Ct. 151; Ill. Cent. Railroad Co. v. B......
  • Hamarstrom v. M.K.T. Ry. Co., No. 18850.
    • United States
    • Court of Appeal of Missouri (US)
    • April 4, 1938
    ...the Shanks Case and Chicago & E.I.R. Co. v. Industrial Comm., supra, it is said in New York, New Haven & Hartford R.R. Co. v. Bezue, 284 U.S. 415, 52 S. Ct. 205, 207, 76 L. Ed. 370, decided January 25, 1932: `The criterion of applicability of the statute is the employee's occupation at the ......
  • Leod v. Threlkeld, No. 787
    • United States
    • United States Supreme Court
    • June 7, 1943
    ...173; Chicago & E.I.R. Co. v. Commission, 284 U.S. 296, 52 S.Ct. 151, 76 L.Ed. 304, 77 A.L.R. 1367; New York, N.H. & H.R. Co. v. Bezue, 284 U.S. 415, 419, 52 S.Ct. 205, 206, 76 L.Ed. 370, 77 A.L.R. 1370. 10 Act of August 11, 1939, 53 Stat. 1404, 45 U.S.C.A. §§ 51, 54, 56, 60; Hearings, Senat......
  • Maxie v. Gulf Mobile & Ohio R.R. Co., No. 40231.
    • United States
    • United States State Supreme Court of Missouri
    • June 9, 1947
    ...at the time of his injury had been withdrawn from service, and was not being used in interstate commerce. N.Y.N.H. & H.R. Co. v. Bezue, 52 S. Ct. 205, 284 U.S. 415, 76 L. Ed. 370; Minneapolis & St. L.R. Co. v. Winters, 242 U.S. 353, 37 S. Ct. 170, 61 L. Ed. 358; Toussaint v. Cleveland, C.C.......
  • Request a trial to view additional results

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