Legal Opinion

Lehigh Valley R. v. Normile

Court of Appeals for the Second Circuit

Decided November 13, 1918No. 18PublishedCited by 6 opinions

In Error to the District Court of the United States for the Northern District of New York. Action by Frank L. Normile against the Lehigh Valley Railroad. Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

MANTON, Circuit Judge.

[1] The defendant below, a railroad corporation, was engaged in interstate commerce. On the 28th of November, 1916, plaintiff below, an employé of the defendant below, was working as a brakeman upon a train of 30 cars in the east-bound yards of the defendant below at Sayre, Pa. This train carried commerce and was destined for a point outside of the state of Pennsylvania, and was therefore engaged in interstate commerce, as was the plaintiff below at the time of his injury. In its yard, the defendant below maintained sidings which diverged from the lead or leader track.…

2Cases cited3 opinions

  1. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
  2. Breed v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
  3. Curran v. . Lake Champlain M.R.R. Co.New York Court of Appeals · 1914

3Cited by6 opinions

  1. Stager v. Florida East Coast Railway CompanyDistrict Court of Appeal of Florida · 1964
  2. Pashea v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1942
  3. In re MargoliesCourt of Appeals for the Second Circuit · 1920
  4. New York, O. & W. R. v. OlesCourt of Appeals for the Second Circuit · 1923
  5. Louisville & Nashville Railroad v. Noble's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930

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