New York Central & Hudson River Railroad v. Carr
Supreme Court of the United States
ERROR TO THE SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT, STATE OF NEW YORK. The facts, which involve the validity of a verdict and judgment for damages under the Employers’ Liability Act, are stated in the opinion. Recovery cannot be sustained under the Federal Employers’ Liability Act, because neither the plaintiff nor the defendant was, at the time and place of the accident, engaged in interstate commerce. See A., T. & S. F. By. v. Pitts, 145 Pac.
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ERROR TO THE SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT, STATE OF NEW YORK. The facts, which involve the validity of a verdict and judgment for damages under the Employers’ Liability Act, are stated in the opinion. Recovery cannot be sustained under the Federal Employers’ Liability Act, because neither the plaintiff nor the defendant was, at the time and place of the accident, engaged in interstate commerce. See A., T. & S. F. By. v. Pitts, 145 Pac. Rep. 1148; Barlow v. Lehigh V. R. R., 214 N. Y. 116; Connote v. Nor. & West. R. R., 216 Fed. Rep. 824; III. Cent. R. R. v. Behrens, 233…
1Opinion of the CourtJustice Lamar
Carr was a brakeman on a “pick-up” freight train running from Rochester to Lockport over the lines of the New York Central. On November 18, 1910, some of the cars in this train contained interstate freight. Among those engaged in purely intrastate business were the two cars, at the head of the train and next to the engine, which were to be left at North Tonawanda, New York. On arriving at that point they were uncoupled from the train, pulled by the engine down the track, and then backed into a siding. It was the duty of one brakeman (O’Brien), to uncouple the air hose from the engine, and for…
2Cases cited3 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
3Cited by216 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Middleton v. Texas Power & Light Co.Supreme Court of the United States · 1919
- Erie Railroad v. WelshSupreme Court of the United States · 1917
- Industrial Accident Comm'n of Cal. v. DavisSupreme Court of the United States · 1922
- Southern Railway Co. v. PuckettSupreme Court of the United States · 1917
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