
    In the Matter of the Claim of Fanny Snow against The United States Railroad Administration (The New York Central Railroad Company), Respondent. State Industrial Board, Appellant.
    
      Workmen’s compensation — when claim against Federal 'government for death of railroad employee properly dismissed.
    
    
      Snow v. U. S. R. R. Administration, 209 App. Div. 308, affirmed.
    (Argued October 2, 1924;
    decided October 21, 1924.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1924, which reversed an award of the State Industrial Board, made under the Workmen’s Compensation Law, and dismissed the claim. It was alleged that claimant’s husband died July 29, 1922, as the result of injuries sustained in the course, of his employment as engine inspector on the New York Central railroad on June 8, 1918. Said railroad on the latter date was being operated by the Federal government under the Federal Control Act. On March 1, 1919, the Director-General of Railroads and the injured employee made an agreement for compensation under section 20, as it then existed, of the Workmen’s Compensation Law of this State which was approved by the State Industrial Commission: March 12, 1919, and under such agreement and approval compensation was paid to said employee until the time of his death. Thereafter the claimant herein, the widow of said deceased employee, filed a claim for death benefits on behalf of herself and her infant child. The Appellate Division dismissed the claim on the ground that there was no congressional authority for the proceeding.
    
      Carl Sherman, Attorney-General (E. C. Aiken of counsel), for appellant.
    
      Robert E. Whalen for respondent.
   Order affirmed, with costs against State Industrial Board; no opinion.

Concur: Hiscock, Ch. J., Cardozo, McLaughlin, Andrews and Lehman, JJ. Dissenting: Pound and Crane, JJ.  