Legal Opinion · Dissent

Mary Scanapico v. Richmond, Fredericksburg & Potomac Railroad Company, and Seaboard Air Line Railroad Company and Atlantic Coast Line Railroad Company

Court of Appeals for the Second Circuit

Decided December 18, 1970No. 34256_1Published

1Dissent

LUMBARD, Chief Judge:

I dissent.

The result of the majority opinion would be to permit suits in the New York federal courts regarding injuries suffered on the tracks of almost every railroad operating in the United States, and Occurring almost anywhere in the United States.

Mary Scanapico, a resident of New York, alleges that she was injured when a suitcase fell on her from an overhead luggage rack during a train trip from Miami to New York City while she was riding over the tracks of the Richmond, Fredericksburg & Potomac Railroad (RF&P) somewhere between Washington and Richmond. The RF&P was…

2Cases cited26 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Hanson v. DencklaSupreme Court of the United States · 1958
  3. Pennoyer v. NeffSupreme Court of the United States · 1878
  4. Southern MacHine Company, Inc. v. Mohasco Industries, Inc.Court of Appeals for the Sixth Circuit · 1968
  5. Frummer v. Hilton Hotels International, Inc.New York Court of Appeals · 1967

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