Curtis v. Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 254, Jan. T., 1920, by plaintiff, from judgment of C. P. Susquehanna Co., Nov. T., 1916, No. 134, refusing to take off nonsuit, in case of James E. Curtis, Administrator of the estate of Tulio Trifelli v. Erie Railroad Co. Action in trespass under the Federal Employers’ Liability Act to recover damages for death of plaintiff’s decedent. Before Smith, P. J. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off.
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Appeal, No. 254, Jan. T., 1920, by plaintiff, from judgment of C. P. Susquehanna Co., Nov. T., 1916, No. 134, refusing to take off nonsuit, in case of James E. Curtis, Administrator of the estate of Tulio Trifelli v. Erie Railroad Co. Action in trespass under the Federal Employers’ Liability Act to recover damages for death of plaintiff’s decedent. Before Smith, P. J. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This action is under the Federal Employers’ Liability Act of April 22,1908, ch. 149, 35 TJ. S. St. 65, to recover for injuries resulting in the death of Tulio Trifelli, a section hand employed in defendant’s yards at Susquehanna, Pennsylvania. At the close of plaintiff’s evidence a compulsory nonsuit was entered because of failure to show negligence on part of defendant and the further reason that decedent assumed the risk of the accident resulting in his death.
Decedent’s duties required him to assist in repairing tracks, cleaning switches and removing rubbish,…
2Cases cited8 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- Seaboard Air Line Railway v. KoenneckeSupreme Court of the United States · 1915
- McGovern v. Philadelphia & Reading Railway Co.Supreme Court of the United States · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. Philadelphia & R. Ry. Co.District Court, M.D. Pennsylvania · 1921
- Carlo v. Bessemer Lake Erie R. R. Co.Supreme Court of Pennsylvania · 1928
- Amoroso v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1931
- Crumley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1922
- Dawson v. Reading Co.Supreme Court of Pennsylvania · 1928
1 more not listed; retrieve them via the Exa API.