Legal Opinion

Pennsylvania R. v. Nelson

Court of Appeals for the Second Circuit

Decided February 13, 1919No. 170PublishedCited by 5 opinions

In Error to the District Court of the United States for the Southern District of New York. Action by Sigrid Gustava Nelson, administratrix of Gustave Adolph Nelson, deceased, against the Pennsylvania Railroad Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error, defendant below, is hereinafter referred to as defendant.

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In Error to the District Court of the United States for the Southern District of New York. Action by Sigrid Gustava Nelson, administratrix of Gustave Adolph Nelson, deceased, against the Pennsylvania Railroad Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error, defendant below, is hereinafter referred to as defendant. The defendant is a corporation organized and existing under the laws of the state of Pennsylvania, and is an interstate commerce railroad, which, it is alleged, operates in the states of New York. New Jersey, and Pennsylvania, and in connection…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). This-suit is brought under Act April 22, 1908, c. 149, 35 Stat. 65, known as *157the federal Employers’ Liability Act, U. S. Compiled Statutes Ann, 1916, vol. 8, §§ 8657-8665. This act gives jurisdiction to the courts of the United States concurrent with that of the courts of the several states. The action may be brought in the district in which the cause of action arose, or in the district of the residence of the defendant, or in which the defendant is doing business at the time of the commencement of the action; and this action is brought in the Southern…

2Cases cited20 opinions

  1. Improvement Company v. MunsonSupreme Court of the United States · 1872
  2. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  3. Laidlaw v. . SageNew York Court of Appeals · 1899
  4. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  5. Hemmens v. . NelsonNew York Court of Appeals · 1893

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3Cited by5 opinions

  1. Jacque v. Locke Insulator Corp.Court of Appeals for the Second Circuit · 1934
  2. Hern v. Moran Towing & Transportation Co.Court of Appeals for the Second Circuit · 1943
  3. New York, Chicago & St. Louis Railroad v. PeeleIndiana Court of Appeals · 1927
  4. Thonnesen v. Montgomery Ward & Co.District Court, E.D. New York · 1939
  5. Erie R. Co. v. ReganCourt of Appeals for the Second Circuit · 1924

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