Erie R. v. Linnekogel
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 by George W. Linnekogel against the Erie Railroad Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern District of New York. Action by George W. Linnekogel against the Erie Railroad Company. There was a judgment for plaintiff, and defendant brings error. Linnekogel, hereinafter called “plaintiff,” was a brakeman in the Erie employ, and brought this action for personal injuries, alleging, that he had been hurt while on one freight car and by the impact of other cars upon the one on which he was standing; such other cars having been “negligently caused and permitted to be sent down hill or grade upon the same track upon which…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above):
[1] 1. It is true that one suing under the federal Employers’ Liability Act is held to assume the risk of his employment, but that does not include risks incident to the negligence of defendant’s agents, employes, or officers. Boldf v. Pennsylvania R. R. Co., 218 Fed. 367, 134 C. C. A. 175; New York, etc., Co. v. Vizvari, 210 Fed. 122, 126 C. C. A. 632, L. R. A. 1915C, 9. As applied to this case, the risk of falling off a car properly managed or handled was a risk of plaintiff’s employment; but the risk of being thrown off his car by the negligent act of his…
2Cases cited7 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Trenton Potteries Co.Supreme Court of the United States · 1927
- Henkel v. VarnerCourt of Appeals for the D.C. Circuit · 1943
- Ayers v. ParkerDistrict Court, D. Maryland · 1936
- Delaware, L. & W. R. Co. v. BusseCourt of Appeals for the Second Circuit · 1920
- Hurt v. Pennsylvania Threshermen & Farmers' Mutual Casualty InsuranceCourt of Appeals of Maryland · 1938
10 more not listed; retrieve them via the Exa API.