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Winfield (P) sustained a personal injury whereby he lost the use of an eye while in the service of New York Central Railroad Company (D). There was no fault of negligence of D or any of its officers or agents or employees, but the injury arose out of one of the ordinary risks of the work that P performed for D. While P was tamping cross ties and a pebble hit him in the eye. P got compensation for his injury from Workmen's Compensation Law. D appealed that award, and it was affirmed by the Appellate Division. D insisted that the state law was preempted by the Employer's Liability Act of Congress.

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