Legal Opinion

Denny v. Montour R.

District Court, W.D. Pennsylvania

Decided December 7, 1951No. Civ. A. No. 8864PublishedCited by 5 opinions

1Opinion of the Court

GOURLEY, Chief Judge.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for injuries sustained while plaintiff was employed as a brakeman for the Montour Railroad Company.

It is not in dispute that defendant was engaged in interstate commerce and that plaintiff was performing duties incident thereto at the time of accident.

At the close of plaintiff’s case and at completion of all the evidence the defendant moved for a directed verdict. The Court denied the motion and submitted the case to the jury which returned verdict for plaintiff in…

2Cases cited30 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  3. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  4. Gunning v. CooleySupreme Court of the United States · 1930
  5. Brady v. Southern Railway Co.Supreme Court of the United States · 1944

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3Cited by5 opinions

  1. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD v. WrightSupreme Court of Oklahoma · 1954
  2. Inman v. Baltimore & Ohio RailroadOhio Court of Appeals · 1958
  3. Kenneth Simpson v. Texas and New Orleans Railroad CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. Fall v. Coastwise LineCalifornia Court of Appeal · 1953
  5. Buda v. Royal Netherlands SS Co.District Court, S.D. New York · 1967

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