Austin v. New York Central Railroad

Action under the Federal Employers’ Liability Act to recover for the death of plaintiff’s intestate, an employee of defendant, who, while riding on a velocipede on the track, was struck and killed by a locomotive. Judgment dismissing the complaint at the close of plaintiff’s case and order denying plaintiff’s motion to vacate and set aside the dismissal unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ.