Delaware, L. & W. R. v. Tomasco
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action by Michael Tomasco against the Delaware, Rackawanna & Western Railroad Company for personal injuries. Verdict and judg■ment for plaintiff, and defendant brings error.
1Opinion of the Court
MANTON, Circuit Judge.
On December 27, 1916, at about 6:10 p. m., the defendant in error, while in the service of the plaintiff in error, as a handler of freight at its freight house in East Buffalo, N. Y., sustained personal injuries, and seeks to maintain this action, claiming that lie was injured through the negligence of the plaintiff in error and without any fault on his part. It is conceded that the plaintiff in error is a carrier engaged in interstate commerce, and that at the time of his injury the defendant in error, too, was engaged in work that had to do with interstate commerce. In…
2Cases cited3 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- Butler v. FrazeeSupreme Court of the United States · 1908
3Cited by7 opinions
- Cricket S. S. Co. v. ParryCourt of Appeals for the Second Circuit · 1920
- Hallstein v. Pennsylvania R. Co.Court of Appeals for the Sixth Circuit · 1929
- Louisville & Nashville Railroad v. Reverman's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1929
- McAdoo v. AnzellottiCourt of Appeals for the Second Circuit · 1921
- Miller v. Western Pac. R. Co.Utah Supreme Court · 1929
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