New York Court of Appeals March 11, 1884 (Vick v. New York Central & Hudson River Railroad)

Miller, J.

The recovery in this action is based upon the ground that at the time of the accident, which resulted in the death of the plaintiff’s intestate, he was a passenger upon the defendant’s car and not an employe. This is the most important question arising upon this appeal, for if the deceased was an employe, and, at the time he received his injury, in the .