Legal Opinion

Eleanor Ely, Administratrix of the Estate of Elmer L. Ely, Deceased v. Reading Company

Court of Appeals for the Third Circuit

Decided April 9, 1970No. 18150PublishedCited by 66 opinions

1Opinion of the Court

OPINION OF THE COURT

FORMAN, Circuit Judge.

On December 9, 1963, the late Elmer Ely, accompanying his fellow employee, Benjamin Johnson a signal maintainer, proceeded by truck to Landis Siding, Pennsylvania, where they had been sent by their employer, Reading Company, to cheek a report that an automatic block signal was not operating properly. Landis Siding runs off Reading Company’s three track east-west main line between Palmyra and Hershey, Pennsylvania. After parking the truck on the south side of the main line the two men, both long-time employees of the Railroad, first checked the signal…

2Cases cited12 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Jesse B. Manbeck v. Gerald S. OstrowskiCourt of Appeals for the D.C. Circuit · 1967
  3. Hosea Payne v. S. S. Nabob and North German Lloyd and Lavino Shipping CompanyCourt of Appeals for the Third Circuit · 1962
  4. Miller v. BrazelCourt of Appeals for the Tenth Circuit · 1962
  5. John Joseph Mull v. Ford Motor Company, Inc.Court of Appeals for the Second Circuit · 1966

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3Cited by66 opinions

  1. United States v. First National Bank of CircleCourt of Appeals for the First Circuit · 1981
  2. Lawrence B. Thomas, and Cross-Appellant v. E. J. Korvette, Inc., and Cross-AppelleeCourt of Appeals for the Third Circuit · 1973
  3. Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, IncCourt of Appeals for the Third Circuit · 1995
  4. The Trustees of the University of Pennsylvania v. Lexington Insurance Company v. Affiliated Risk Control Administrators of Pennsylvania, Inc. And Insurance Company of North America, Aetna Insurance Company, Cigna Companies and Johnson & Higgins of Pennsylvania, Inc. And Alexander & Alexander, Inc. And Duane Morris & Heckscher, a Pennsylvania Partnership and McCabe James J. Esquire Individually and Medical Professional Liability Catastrophe Loss FundCourt of Appeals for the Third Circuit · 1987
  5. Hanna M. Ayoub and Margaret Ayoub, His Wife v. Dr. H. N. Spencer, M. D.Court of Appeals for the Third Circuit · 1977

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