McAdoo v. Anzellotti
Court of Appeals for the Second Circuit
■ In Error to the District Court of the United States for the Southern District of New York. . Action at law by Pasquale Anzellotti against William G. McAdoo, Director General of Railroads. Judgment for plaintiff, and defendant brings error. Writ of error to judgment on verdict, entered in the District Court for the Southern District of New York, in an action for personal injuries, brought under federal Employers’ Liability Act (U. S. Comp.
Read the full summary
■ In Error to the District Court of the United States for the Southern District of New York. . Action at law by Pasquale Anzellotti against William G. McAdoo, Director General of Railroads. Judgment for plaintiff, and defendant brings error. Writ of error to judgment on verdict, entered in the District Court for the Southern District of New York, in an action for personal injuries, brought under federal Employers’ Liability Act (U. S. Comp. St. §§ 8837-8005). When injured, Anzellotti was a freight handler for the Lehigh Valley Railroad, and had been so for some six or seven months. His work…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). ' To trace
the origin of the rule of assumption of risk, to do the same for that of contributory negligence, and compare and reconcile the decisions thereunder may be interesting or impossible (18 R. C. L. pp. 639 et seq., 693 et seq.) ; but neither for the trial court nor this court is the inquiry profitable, because both courts are bound by decisions of long standing and ruling authority. Risk assumption and contributory negligence are things “quite apart” and separately to be considered. Choctaw, etc., Co. v. McDade, 191 U. S. 64, 68, 24 Sup. Ct. 24, 48…
2Cases cited16 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- Southern Pacific Co. v. BerkshireSupreme Court of the United States · 1921
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Howe v. Michigan Central RailroadMichigan Supreme Court · 1926
- Davis v. CraneCourt of Appeals for the Eighth Circuit · 1926
- Oklahoma City-Ada-Atoka R. Co. v. KirkbrideSupreme Court of Oklahoma · 1936
- Bingham Mines Co. v. BiancoCourt of Appeals for the Eighth Circuit · 1921
2 more not listed; retrieve them via the Exa API.