Legal Opinion

New York Central Railroad v. Porter

Supreme Court of the United States

Decided March 3, 1919No. 134PublishedCited by 59 opinions

error to the supreme court, appellate division, THIRD JUDICIAL DEPARTMENT, OF THE STATE OF .NEW-YORK. The case is stated in the opinion.

1Opinion of the CourtJustice McReynolds

Lewis M. Porter, a section-man,, was struck and instantly killed by plaintiff in error’s engine attached to a passenger train and moving along the main track. The Appellate Division affirm.ed ah award;in behalf of his widow and children under the New York Workmen’s Compensation Law.

If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers’ Liability Act and the state statute did not apply. New York Central R. R. Co. v. Winfield, 244 U. S. 147; Erie R. R. Co. v. Winfield, 244 U. S. 170.

The evidence showed…

2Cases cited4 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  3. Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
  4. Southern Railway Co. v. PuckettSupreme Court of the United States · 1917

3Cited by59 opinions

  1. Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
  2. Industrial Accident Comm'n of Cal. v. DavisSupreme Court of the United States · 1922
  3. Philadelphia & Reading Railway Co. v. HancockSupreme Court of the United States · 1919
  4. Southern Pacific Co. v. Industrial Accident CommissionSupreme Court of the United States · 1920
  5. Wood v. Central Sand & Gravel Co.District Court, W.D. Tennessee · 1940

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