Camerlin v. New York Cent. R. Co.
Court of Appeals for the First Circuit
1Opinion of the Court
MAGRUDER, Chief Judge.
The appeal here is from a summary judgment for the defendant in an action under the Federal Employers’ Liability Act, as amended, 35 Stat. 65, 53 Stat. 1404, 45 U.S. C.A. § 51 et seq. Our holding is that the case was not a proper one for summary judgment, for we do not agree that on the pleadings and depositions before the court the plaintiff was as a matter of law bound by a general release set up in answer to the action.
It was alleged in the complaint that on or about September 8, 1948, plaintiff was employed by defendant railroad as a laborer, working at Churchville,…
2Cases cited7 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
- Irish v. Central Vermont Ry., Inc.Court of Appeals for the Second Circuit · 1947
- Purvis v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1952
- Matter of Baird v. New York Central R.R. Co.New York Court of Appeals · 1949
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3Cited by28 opinions
- Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
- Mays v. Ciba-Geigy Corp.Supreme Court of Kansas · 1983
- McFadden v. American Oil Co.Superior Court of Pennsylvania · 1969
- Guenard v. BurkeMassachusetts Supreme Judicial Court · 1982
- Pierce v. RiggsSupreme Court of Vermont · 1987
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