
    In the Matter of the Claim of Jane Plass, Respondent, v. The Central New England Railway Company, Appellant. State Industrial Commission, Respondent.
    
      Plass v. Central New England Ry. Co., 186 App. Div. 918, affirmed.
    (Argued February 25, 1919;
    decided March 11, 1919.)
    Appeal from- an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 26, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Claimant’s husband was employed as a section hand on defendant’s railroad. While mowing grass and weeds along the right of way he came in contact with poison ivy, resulting in blood poisoning and acute congestion of the lungs from which he died. The only question was whether he was engaged in interstate commerce at the time of the accident. The state industrial commission held that he was not. It appeared that the road in question was a short line, consisting of about twenty-three miles of single-track road running from Rhinecliff on the New York Central railroad to Silver-nails, and from Silvernails to Boston Corners, twelve miles further, where there is a junction point on the Central New England. While some freight was shipped out of the state, the witness could not state of any train as a whole going out of the state during the six months prior to the accident.
    
      Edward R. Brumley and John M. Gibbons for appellant.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  