Legal Opinion · Concurrence

Lehigh Valley R. v. Scanlon

Court of Appeals for the Second Circuit

Decided February 13, 1919No. 157Published

In Error to the District Court of the United States for the Western District of New York. Action by John W. Scanlon against the Eehigh Valley Railroad Company. Judgment for plaintiff, and defendant brings error.

1ConcurrenceHough, Circuit Judge

A railway man, experienced both in his work generally and as to the locality of performance, was injured because, while descending from a car at rest, he projected the posterior portion of his body into the path of a moving engine tender on the next parallel track. The descent aforesaid was necessary, because the still train to which the car belonged had not been “split” at the point where the workman wished to cross the track. This failure to keep open a path across said track was in contravention of the “sign” mentioned in the court’s opinion. In addition to the quoted words, that sign…

2Cases cited9 opinions

  1. New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
  2. Lehigh Valley R. v. KilmerCourt of Appeals for the Second Circuit · 1916
  3. Philadelphia & R. Ry. Co. v. SkermanCourt of Appeals for the Second Circuit · 1917
  4. Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
  5. Ramsdell v. GoumisCourt of Appeals for the Second Circuit · 1915

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