Legal Opinion
Donald Rostocki v. Consolidated Rail Corporation
Court of Appeals for the Second Circuit
Decided March 21, 1994No. 1003, Docket 93-7906PublishedCited by 8 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
Donald Rostocki appeals from a judgment of the District Court for the Northern District of New York, Cholakis, Judge, granting summary judgment to defendant Consolidated Rail Corporation (“Conrail”). The district court held that Rostocki could not sustain his claim for damages under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ '51-60 (1988), because he failed to allege any evidence that he was engaged in interstate commerce at the time of the accident. We reverse.
Most of the facts material to this appeal are not in dispute. Rostocki was employed by…
2Cases cited7 opinions
- Suburban Propane, a Division of National Distillers and Chemical Corp. v. Proctor Gas, Inc., and James TaranovichCourt of Appeals for the Second Circuit · 1992
- Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959
- Morris v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1951
- Southern Pacific Co. v. GileoSupreme Court of the United States · 1956
- Reed v. Pennsylvania RailroadSupreme Court of the United States · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Feichko v. Denver & Rio Grande Western RailroadCourt of Appeals for the Tenth Circuit · 2000
- Radder v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Smith v. CSX Transportation, Inc.Court of Appeals of Georgia · 2010
- Knisely v. Consolidated Rail Corp., Pennsylvania Court of Common Pleas, Cumberland County2001
- Medina v. National Collegiate Student Loan Trust 2006-3District Court, S.D. California · 2021
3 more not listed; retrieve them via the Exa API.