Hoyer v. Central R. Co. of New Jersey
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Julius H. Hoyer, administrator of Henry Hoyer, deceased, against the Central Railroad Company of New Jersey. Judgment for defendant, and plaintiff brings error. The action is brought under the federal Employers’ Liability Act April 22, 1908. c. 149, 35 Stat. 65 (OOmp.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by Julius H. Hoyer, administrator of Henry Hoyer, deceased, against the Central Railroad Company of New Jersey. Judgment for defendant, and plaintiff brings error. The action is brought under the federal Employers’ Liability Act April 22, 1908. c. 149, 35 Stat. 65 (OOmp. St. §§ 8657-8665), which act gives a causo of action for damages to the personal, representative of a person employed by a common carrier in interstate commerce whose death is due to an accident while he is so employed.…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The negligence alleged in the complaint is that the defendant at the time this accident occurred was moving this train on the track without any signal or warning to persons that might be on the track and without adequate lights.
The decedent was a brakeman employed by defendant in its switching yards in Newark, N. J., and had been so employed for three years.
It is conceded that the last work he was engaged in was the” handling of cars containing freight going out of the state of New Jersey. He had been working with a drill crew in the freightyards that had…
2Cases cited14 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1885
- Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Tutt v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1900
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3Cited by4 opinions
- New York Central Railroad v. MarconeSupreme Court of the United States · 1930
- Young v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
- Krysiak v. Pennsylvania R.Court of Appeals for the Third Circuit · 1921
- Helring v. Delaware & Hudson Co.Court of Appeals for the Second Circuit · 1931