Legal Opinion

Niblett v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided October 1, 1941No. Appeal, 86PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Baldrige, J.,

An award obtained by the plaintiff before the workmen’s compensation authorities for the death of her husband was sustained by the court below.

Our primary inquiry is whether or not the decedent, at the time of his fatal injury, was engaged in interstate commerce. There is the additional question respecting the burden of proof. Was it on the claimant, under the record before us, to show that the deceased was engaged in intrastate commerce when the accident occurred?

The facts, which are not in dispute, are as follows. The decedent, William C. Niblett, .employed by the…

2Cases cited18 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
  3. Philadelphia & Reading Railway Co. v. HancockSupreme Court of the United States · 1919
  4. Koons v. Philadelphia & Reading Ry. Co.Supreme Court of Pennsylvania · 1921
  5. Patterson v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1925

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3Cited by4 opinions

  1. Scarborough v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1943
  2. Antonio v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1944
  3. Nicholas v. Reading CompanySuperior Court of Pennsylvania · 1941
  4. Kordic v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Alleghany County1942

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