New York Court of Appeals

James A. Taylor, Appellant v. New York Central Railroad Company, Respondent

July 19, 1945294 N.Y. 397

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff’s negligence suit, holding that Section 29 of the State Workmen’s Compensation Law bars actions filed more than six months after a compensation award and more than a year after the injury, and that the Federal Employers Liability Act does not apply because the plaintiff was not an employee of the railroad. The court relied on the plain language of the statute and Supreme Court precedent rejecting the railroad’s liability for Pullman porters.