Nauyalis v. Philadelphia & Reading Coal & Iron Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action at law by Matt Nauyalis against the Philadelphia & Reading Coal & Iroti Company. Judgment on a directed verdict for defendant, and plaintiff brings error.
1Opinion of the Court
HOUGH, Circuit Judge.
[1] Plaintiff sues to recover for personal injuries sustained while in the employment of defendant at a colliery in Pennsylvania. The complaint charges negligence in the operation of a train of cars belonging to defendant, and relies also for recovery upon violation of certain statutes of the state of Pennsylvania.
Before this action, plaintiff sued defendant in the courts of New York to recover for the same injuries and was defeated. Nauyalis v. Philadelphia, etc., Co., 170 App. Div. 500, 156 N. Y. Supp. 357; appeal dismissed 224 N. Y. 547, 120 N. E. 870. The sole…
2Cases cited6 opinions
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1904
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
- Watts v. WestonCourt of Appeals for the Second Circuit · 1916
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3Cited by2 opinions
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Lehigh Valley R. v. QuereauCourt of Appeals for the Second Circuit · 1923