
    In the Matter of the Claim of Muriel L. Leslie et al., Respondents, against The Long Island Railroad Company, Appellant. The State Industrial Board, Respondent.
    
      Workmen’s compensation — master and servant — railroads — machinist injured while repairing engine in round house — not employed in interstate commerce so as to preclude relief under Workmen’s Comr pensation Law.
    
    
      Matter of Leslie v. Long Island B. B. Co., 222 App. Div. 702, affirmed.
    (Argued March 27, 1928;
    decided April 10, 1928.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1927, affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. An employee of defendant, while engaged in his duties as a machinist making repairs to a locomotive in defendant’s round house at Morris Park, received injuries from which he subsequently died. The locomotive was regularly assigned to the run from Jamaica to Greenport in this State. Attached to the train was an express car which on the day of the accident carried shipments from outside this State. The defendant contended that decedent was employed in interstate commerce and, therefore, claimants’ remedy was exclusively under the Federal Employers’ Liability Act.
    
      William J. O’Brien and Joseph F. Keany for appellant.
    
      Albert Ottinger, Attorney-General (E. C. Aiken and William W. Dimmick of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Andrews, J.  