Legal Opinion
Payne v. . N.Y., S. W.R.R. Co.
New York Court of Appeals
Decided April 7, 1911PublishedCited by 53 opinions
1Opinion of the Court
The learned Appellate Division of the second department has certified to us the following questions: 1. "In an action for damages for personal injuries by a servant against a master, is it proper for the plaintiff to plead in his complaint as one cause of action facts constituting negligence under the common law; facts constituting negligence under the Employers' Liability Act of the State of New Jersey; and facts constituting negligence under the act of Congress known as the Federal Employers' Liability Act, or any two of said grounds of liability?" 2. "Should a plaintiff be compelled to…
2Cases cited7 opinions
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Hansen Packing Co. v. Armour & Co.District Court, S.D. New York · 1936
- Marion v. B. G. Coon Construction Co.New York Court of Appeals · 1915
48 more not listed; retrieve them via the Exa API.