Legal Opinion
Tompkins v. Erie R. Co.
Court of Appeals for the Second Circuit
Decided July 12, 1938No. 367PublishedCited by 11 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The plaintiff sustained injuries when hit by some object projecting from an approaching freight train as he was walking along a path parallel and adjacent to the track upon the defendant’s right of way in Hughestown, Pa. In the district court he obtained a substantial judgment which was affirmed by this 'court in Tompkins v. Erie R. Co., 2 Cir., 90 F.2d 603. On that appeal the defendant asserted, and the plaintiff denied, that by the common law of Pennsylvania the railroad company’s only duty to the plaintiff was to refrain from wilful or wanton injury to him; but this…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Kolich v. Monongahela Railway Co.Supreme Court of Pennsylvania · 1931
- Conn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- Antonas v. LyfordCourt of Appeals for the Third Circuit · 1944
- Miller v. Pennsylvania Railroad Co.Supreme Court of Pennsylvania · 1944
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Derewecki v. Pennsylvania RailroadDistrict Court, W.D. Pennsylvania · 1964
6 more not listed; retrieve them via the Exa API.