Legal Opinion

Philadelphia & R. Ry. Co. v. Eisenhart

Court of Appeals for the Third Circuit

Decided April 28, 1922No. 2829PublishedCited by 24 opinions

In Error to the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action by Samuel D. Eisenhart against the Philadelphia & Reading Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WOODDEY, Circuit Judge.

The cars of a freight train were being distributed to several tracks in the yards of the defendant at East Penn, Pennsylvania. Eisenhart, the conductor, was riding on a draft of two cars which had been cut from the train and kicked to a siding. His task was to stop them at their destination. While these cars were still in motion the train parted by reason of the opening of couplers and another draft of cars broke away and, following down on the same track without a brakeman, collided with the car on which Eisenhart was riding, throwing him to the ground and causing him…

2Cases cited9 opinions

  1. Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
  2. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  3. Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
  4. Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
  5. Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. O'Donnell v. Elgin, Joliet & Eastern Railway Co.Supreme Court of the United States · 1949
  2. Davis v. WolfeSupreme Court of the United States · 1923
  3. Fairport, Painesville & Eastern Railroad v. MeredithSupreme Court of the United States · 1934
  4. McCalmont v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1922
  5. CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933

19 more not listed; retrieve them via the Exa API.

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