Erie R. v. Burke
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action by Martin Burke against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. The defendant herein was the plaintiff below, and the plaintiff herein was the defendant below, and they will heteafter be so referred to.
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In Error to the District Court of the United States for the Western District of New York. Action by Martin Burke against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. The defendant herein was the plaintiff below, and the plaintiff herein was the defendant below, and they will heteafter be so referred to. The plaintiff asserts that he is a citizen and subject of the kingdom of Great Britain and that for a number of years he has been a resident of the state of Ohio. ' The defendant is a corporation, organized, incorporated, and doing business under the laws of…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is an action to recover for personal injuries. The plaintiff in undertaking to cross the tracks of the defendant railroad caught his right foot in a switch point in the defendant company’s railroad track. Four wheels of a locomotive engine in charge of the defendant’s employes ran over the lower part of his leg. The leg was subsequently amputated about 5y% inches below the knee, and the plaintiff was obliged to be in a hospital for weeks and went about on crutches for 12 months.
The railroad company claims that the plaintiff was nothing more than a…
2Cases cited9 opinions
- Phillips v. Library Co.Supreme Court of New Jersey · 1893
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Garner v. TrumbullCourt of Appeals for the Eighth Circuit · 1899
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3Cited by4 opinions
- Tompkins v. Erie R. Co.Court of Appeals for the Second Circuit · 1937
- Louisville & Nashville R. R. v. BurkeAlabama Court of Appeals · 1914
- Cleveland, C., C. & St. L. Ry. Co. v. WeilCourt of Appeals for the Seventh Circuit · 1933
- Wild v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1915