Legal Opinion

Camerlin v. New York Cent. R. Co.

Court of Appeals for the First Circuit

Decided November 12, 1952No. 4651_1PublishedCited by 28 opinions

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

  1. Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
  2. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  3. Irish v. Central Vermont Ry., Inc.Court of Appeals for the Second Circuit · 1947
  4. Purvis v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1952
  5. Matter of Baird v. New York Central R.R. Co.New York Court of Appeals · 1949

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

3Cited by28 opinions

  1. Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
  2. Mays v. Ciba-Geigy Corp.Supreme Court of Kansas · 1983
  3. McFadden v. American Oil Co.Superior Court of Pennsylvania · 1969
  4. Guenard v. BurkeMassachusetts Supreme Judicial Court · 1982
  5. Pierce v. RiggsSupreme Court of Vermont · 1987

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

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