Ward v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment entered January 15, 1919, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
The plaintiff, a switchman in the defendant’s service, suffered injuries while switching cars on a side track in the Elmira yard. The car on which he was standing came in contact with another which had no drawhead or end-sill, and he was caught between the roofs. The switching of the cars was not in aid of any interstate movement. There is no remedy, therefore, under the Employers’ Liability Act of Congress, which limits its protection to employees engaged in interstate commerce when injury is suffered (Ill. Central R. R. Co. v. Behrens, 233 U. S. 473; Erie R. R. Co. v. Welsh, 242 U. S. 303).…
2Cases cited9 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Smith v. AlabamaSupreme Court of the United States · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Michigan v. Michigan Trust Co.Supreme Court of the United States · 1932
- Tipton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1936
- Cott v. . Erie R.R. Co.New York Court of Appeals · 1921
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
17 more not listed; retrieve them via the Exa API.