Legal Opinion

Erie R. v. Collins

Court of Appeals for the Second Circuit

Decided January 30, 1919No. 40PublishedCited by 10 opinions

In Error to the District Court of the United States for the Western District of New York. Action at law by William M. Collins against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. The action is brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp.

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In Error to the District Court of the United States for the Western District of New York. Action at law by William M. Collins against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. The action is brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. §§• 8657-8665]) to recover damages for personal injuries which defendant in error, hereinafter called plaintiff, is alleged to have suffered because of the negligence of the plaintiff in error, hereinafter called defendant. The plaintiff recovered a verdict for…

1Opinion of the Court

ROGERS, Circuit Judge.

[1] The plaintiff, when 17 years old, entered defendant’s service in January, 1912, and for a time served *173as a ticket seller and night telegraph operator at a small village in the state of New York. On December 21, 1915, he was put in charge of a signaling tower and water tank. The tower was used for the operation of the interstate and intrastate trains of the defendant. The tank was used for the purpose of supplying water to the engines of such trains. It was the plaintiff’s duty to report the trains as they went back and forth by the tower to the dispatcher in Buffalo.…

2Cases cited13 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  3. Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
  4. Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
  5. Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916

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

3Cited by10 opinions

  1. Cornec v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1931
  2. Carl Eugene Phillips v. The Chesapeake and Ohio Railway CompanyCourt of Appeals for the Fourth Circuit · 1973
  3. Delaware, L. & W. R. Co. v. BusseCourt of Appeals for the Second Circuit · 1920
  4. Kozimko v. HinesCourt of Appeals for the Third Circuit · 1920
  5. Sailor v. Missouri Pacific RailroadSupreme Court of Missouri · 1929

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

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