Legal Opinion

Schilling v. Delaware & HR Corporation

Court of Appeals for the Second Circuit

Decided August 1, 1940No. 377PublishedCited by 22 opinions

1Opinion of the Court

CHASE, Circuit Judge.

The plaintiff recovered a judgment in the District Court for the Southern District of New York for the damages, assessed by a jury, which he sustained when his left leg was cut off between the ankle and the knee in the defendant’s freight yard at Binghamton, N. Y., on March 29, 1938, and the defendant appealed.

The evidence was sufficient to enable the jury to find that when the accident happened the plaintiff was in the employ of the defendant engaged in interstate work as a brakeman classifying freight cars. The yard where he was working had a lead track running north…

2Cases cited5 opinions

  1. Christian v. Boston & M. R. R.Court of Appeals for the Second Circuit · 1940
  2. Wood v. Delaware & HR CorporationCourt of Appeals for the Second Circuit · 1933
  3. Great Northern Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1913
  4. Hatton v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1919
  5. Scano v. Turner & Blanchard, Inc.Appellate Division of the Supreme Court of the State of New York · 1924

3Cited by22 opinions

  1. Richard Gallose v. Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1989
  2. Francesco Sano v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1960
  3. Jerry J. Calabritto v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1961
  4. Isgett v. Seaboard Coast Line Railroad CompanyDistrict Court, D. South Carolina · 1971
  5. Audrey S. Hartel v. The Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1973

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