Legal Opinion
Debt v. Wyer
Court of Appeals for the Second Circuit
Decided March 26, 1959No. 41, Docket 24735PublishedCited by 1 opinion
1Opinion of the Court
HINCKS, Circuit Judge.
In November, 1953, plaintiff’s intestate, a brakeman employed by the Long Island Railroad Company, was killed when he was knocked from the side of a moving freight car by a gate post located on the land of McKeon Lumber Company. Under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the plaintiff-administratrix, a citizen of New York, brought an action against the defendant as trustee of the Railroad. The defendant filed a third-party complaint against the Lumber Company, claiming full indemnity for any loss for which it might be held liable to the…
2Cases cited26 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Hurn v. OurslerSupreme Court of the United States · 1933
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Mollan v. TorranceSupreme Court of the United States · 1824
- Original Ballet Russe, Ltd. v. Ballet Theatre, Inc.Court of Appeals for the Second Circuit · 1943
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3Cited by1 opinion
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959