Pugh v. Pennsylvania Railroad 233 N.Y. 599

John P. Pugh, Respondent, v. Pennsylvania Railroad Company, Appellant.

Master and servant — railroads—Federal Employers’ Liability Act— scope of employment.

Pugh v. Pennsylvania B. B. Co., 194 App. Div. 981, affirmed.

(Argued March 8, 1922;

decided April 25, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1921, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought under the Federal Employers’ Liability Act to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant. Plaintiff, a brakeman on one of defendant’s trains, received the injuries complained of while attempting to adjust a coupling on his engine which was about to enter the roundhouse in defendant’s Buffalo yards. Defendant contended that at the time of the accident plaintiff had no duty to perform in connection with the engine and acted outside of the scope of his employment.

H. J. Adams and Frank Bumsey for appellant.

Hamilton Ward for respondent.