Legal Opinion
Heagney v. Brooklyn Eastern Dist. Terminal
Court of Appeals for the Second Circuit
Decided July 30, 1951No. 249; Docket 21988PublishedCited by 23 opinions
1Opinion of the Court
CLARK, Circuit Judge.
This is an appeal from a summary judgment dismissing plaintiff’s action against his employer under the Employers’ Liability and other Federal Acts, 45 U.S.C.A. §§ 1, 51 et seq., on the ground that he had waived the federal remedies by acceptance of awards under the New York Workmen’s Compensation Law. It is undisputed that plaintiff accepted payments under the orders of the New York Workmen’s Compensation Board, and made no claim under the Federal Acts, until upwards of two years after his injury. The issue considered in some detail below, both on hearing and on rehearing…
2Cases cited12 opinions
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Boyd v. Grand Trunk Western RailroadSupreme Court of the United States · 1949
- Brassel v. Electric Welding Co. of AmericaNew York Court of Appeals · 1924
- Larscy v. T. Hogan & Sons, Inc.New York Court of Appeals · 1925
- Fitzgerald v. Harbor Lighterage Co.New York Court of Appeals · 1926
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- Bernard Harney v. William M. Moore Building Corporation and Lopier Construction CorporationCourt of Appeals for the Second Circuit · 1966
- Orvner D. Biggs v. Norfolk Dredging Company, Samuel J. Clowers v. Tidewater-Raymond-KiewitCourt of Appeals for the Fourth Circuit · 1966
- George Mooney v. The City of New YorkCourt of Appeals for the Second Circuit · 2000
18 more not listed; retrieve them via the Exa API.