Legal Opinion

Schwab v. Erie Lackawanna Railroad

District Court, W.D. Pennsylvania

Decided January 5, 1970No. Civ. A. No. 42-69PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WEBER, District Judge.

This is an action in which plaintiff employee named as defendants both his employer railroad and Groves the party allegedly responsible under a written agreement with defendant railroad for the safety of the private crossing at which the accident happened. Jurisdiction of the claim against the railroad is based on the Federal Employers’ Liability Act; against Groves it is based on diversity. Liability is asserted against Groves on a mixture of common law negligence allegations and third-party beneficiary allegations.

Defendants railroad and Groves joined as…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  4. Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
  5. John F. Kennedy v. Pennsylvania Railroad Company, and Third-Party v. United States Steel Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1960

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3Cited by1 opinion

  1. Dublin v. Virgin Islands Telephone Corp.Supreme Court of The Virgin Islands · 1978

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