Barlow v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the- third judicial department, entered November 20, 1-913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court' erred in submitting this case to the jury under the Federal Employers’ Liability Act. (Pearson v. N. Y. S. & C. Ry. Co., 83 N. J. L. 661; Nordgard v. M. & N. Ry. Co., 211 Fed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the- third judicial department, entered November 20, 1-913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court' erred in submitting this case to the jury under the Federal Employers’ Liability Act. (Pearson v. N. Y. S. & C. Ry. Co., 83 N. J. L. 661; Nordgard v. M. & N. Ry. Co., 211 Fed. Rep. 721; McNaughton Co. v. McGirl, 20 Mont. 124; C. R. Lumber Co. v. Patterson, 33 Cal. 334; Fuller v. C. & N. W. R.…
1Opinion of the CourtMiller, J.
The only question which survives the unanimous affirmance by the Appellate Division is that presented by the exception to the submission of the case to the jury under the Federal Employers’ Liability Act (35 Stat. 65, c. 149, as amended by 36 Stat. 291, c. 143). The plaintiff was employed by the defendant, an interstate and intrastate carrier, as an engineer on a switch engine at its yards in Cortland, N. Y. At the time of, or just before, the accident his crew were, or had been, engaged in placing three cars of supply coal upon a trestle where the coal was to be dumped into pockets, from…
2Cases cited7 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lehigh Valley Railroad v. BarlowSupreme Court of the United States · 1917
- Delaware, L. & W. R. v. PeckCourt of Appeals for the Second Circuit · 1918
- Claim of Parsons v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Foley v. HinesSupreme Judicial Court of Maine · 1920
- Gehan v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
1 more not listed; retrieve them via the Exa API.