Legal Opinion

The Pennsylvania Railroad Company, Third-Party v. Erie Avenue Warehouse Co., Third-Party

Court of Appeals for the Third Circuit

Decided May 2, 1962No. 13618PublishedCited by 62 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

This litigation began as a wrongful death action under the Federal Employers’ Liability Act by the administratrix of the estate of Edward Day against the Pennsylvania Railroad. While working for the defendant railroad as a brakeman, Day had been crushed to death between a moving train and a wall on the premises of Erie Avenue Warehouse Co., where the railroad serviced a siding. A third-party claim, filed by the railroad, a citizen of Pennsylvania, against Erie, also a citizen of Pennsylvania, under Rule 14, Federal Rules of Civil Procedure, 28 U.S.C.A., broadened the…

2Cases cited26 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  3. Mollan v. TorranceSupreme Court of the United States · 1824
  4. Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
  5. Perry v. PayneSupreme Court of Pennsylvania · 1907

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

3Cited by62 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Moor v. County of AlamedaSupreme Court of the United States · 1973
  3. Astor-Honor, Inc. v. Grosset & Dunlap, Inc., and William F. Buckley, Jr., Bantam Books, Inc. And Arlington House, Inc.Court of Appeals for the Second Circuit · 1971
  4. Hattersley v. BolltCourt of Appeals for the Third Circuit · 1975
  5. Burlington Northern, Inc. v. Hughes Bros., Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1982

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

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