Legal Opinion

Erie R. v. Swiderski

Court of Appeals for the Third Circuit

Decided June 24, 1912No. 45PublishedCited by 8 opinions

In Error to the District Court of the United States for the District of New Jersey. Action by Anastasia Swiderski against the Erie Railroad Company, Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below, Anastasia Swiderski, a minor citizen of New Jersey, brought suit by her next friend and recovered a verdict against the Erie Railroad Company, a corporation and citizen of New York, to recover damages for personal injuries suffered by her through its alleged negligence. On entry of judgment thereon this writ was sued out by the railroad.

On the day of the injury, the plaintiff, then between 7 and 8 years *522old, with other children, was playing about some five or six disconnected freight cars which were standing on a main freight siding of defendant…

2Cases cited3 opinions

  1. Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
  2. Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
  3. Ryan v. CouchSupreme Court of Alabama · 1880

3Cited by8 opinions

  1. Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
  3. Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
  4. Papich v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
  5. Empire District Electric Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1936

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