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NEW YORK CENTRAL R. CO. V. MARCONE, 281 U. S. 345 (1930)

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U.S. Supreme Court

New York Central R. Co. v. Marcone, 281 U.S. 345 (1930)

New York Central Railroad Company v. Marcone

No. 212

Argued February 25, 26, 1930

Decided April 14, 1930

281 U.S. 345


1. On the evidence, it was for the jury to say whether the railroad company exercised due care in moving an engine in a roundhouse at night without more effective and specific warning than the chanroblesvirtualawlibrary

Page 281 U. S. 346

sounding of the whistle and bell, and whether the failure to give such other warning was the cause of the death of an employee who had been working close to the track, it appearing that whistles and bells were being constantly operated in the roundhouse to test them as well as to warn of engine movements, and there being also evidence tending to prove a custom to post the times at which engines were to be removed as a warning to those employed about them, and that the movement in this case was earlier than the time posted for the engine. P. 281 U. S. 349.

2. Under the federal Employers' Liability Act, contributory negligence is not a bar to recovery unless it is the sole cause of the injury or death, but may be taken into consideration by the jury in fixing the amount of damage. P. 281 U. S. 350.

3. The work of lubricating, in a roundhouse, an engine that was last used in hauling interstate trains and has not been withdrawn from service is employment in interstate commerce. P. 281 U. S. 350.

4. The workman who has finished such a job is still employed in interstate commerce within the meaning of the Employers' Liability Act if injured within a few minutes of its completion and while on duty in the roundhouse awaiting instructions from his superior. P. 281 U. S. 350.

105 N.J.L. 466 affirmed.

Certiorari, 280 U.S. 540, to review a judgment of the Court of Errors and Appeals of New Jersey affirming a recovery under the Employers' Liability Act.

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