Appellate Division of the Supreme Court of the State of New York November 15, 1928 (Carey v. New York Central Railroad)

Sears, J.

(dissenting). I dissent on the ground that in my opinion the train movement in which the plaintiff’s intestate was killed was not shown to have been so closely related to interstate commerce as to be a part of it. (Shanks v. D., L. & W. R. R. Co., 239 U. S. 556.) The burden was on the plaintiff to establish this. (Osborne v. Gray, 241 U. S. 16.