Anzolotti v. McAdoo
District Court, S.D. New York
At Law. Actio'n by Pasquale Anzolotti against William G. McAdoo Director General of Railroads (Lehigh Valley Railroad Company). On motion to set aside a verdict for the plaintiff in an action to recover damages under the Employers’ Liability Act (Comp. St. §§ 8657-8665). The plaintiff was a longshoreman employed by the Lehigh Valley Railroad Company at a pier in the Bast River, New York.
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At Law. Actio'n by Pasquale Anzolotti against William G. McAdoo Director General of Railroads (Lehigh Valley Railroad Company). On motion to set aside a verdict for the plaintiff in an action to recover damages under the Employers’ Liability Act (Comp. St. §§ 8657-8665). The plaintiff was a longshoreman employed by the Lehigh Valley Railroad Company at a pier in the Bast River, New York. On the day in .question he was engaged in carrying four bags of flour on a hand truck from’ a ear on a car float alongside one of the piers in the river to the deck of the pier. Planks about 18 feet long ran…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). My refusal to dismiss the complaint because of the plaintiffs assumption of risk, or at any rate to leave that question to the jury, can, of course, be supported only upon the theory that the evidence presented no question of the assumption of risk, but only a question of contributory negligence. If I am wrong in that, obviously the verdict should not stand. The Employers’ Eiability Act, in establishing a distinction between these two defenses, makes it necessary more carefully to discriminate between them than was the case before, for contributory…
2Cases cited9 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
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3Cited by4 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Southern Ry. Co. v. MillerCourt of Appeals for the Fourth Circuit · 1920
- Engfors v. Nelson Steamship Co.Oregon Supreme Court · 1929
- Lehigh Valley R. v. ManganCourt of Appeals for the Second Circuit · 1921