Appellate Division of the Supreme Court of the State of New York June 9, 1970 (Warner v. New York Central Railroad)

McNally, J.

Plaintiff has had a recovery under the Federal Employers’ Liability Act (U. S. Code, tit. 45, § 51 et seq.) for personal injuries in the sum of $35,200.

In our opinion, the plaintiff’s presence on the premises was not a necessary incident to the discharge of the duties of his employment.

This ease has been before us on a previous appeal involving the pleadings rather than the merits.