Legal Opinion

Newkirk v. Los Angeles Junction Railway Co.

California Supreme Court

Decided December 2, 1942No. L. A. No. 18379PublishedCited by 15 opinions

1Opinion of the CourtCarter, J.

— Plaintiff, an employee of the defendant Railway Company, brought this action under the Federal Employers' Liability Act (45 U.S.C.A. 51) and the Safety Appliance Act (45 U.S.C.A. 11), to recover damages for personal injuries suffered by him as the result of an alleged inefficient hand brake on a car operated by defendant.

Plaintiff was employed by defendant as a switchman and was injured while engaged in the performance of his duties at about 5:30 a. m., on December 14, 1938; it was dark and there had been a light rain. Defendant, a California railway corporation, is a common carrier by…

2Cases cited32 opinions

  1. United States v. CaliforniaSupreme Court of the United States · 1936
  2. Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
  3. Brady v. Terminal Railroad Assn.Supreme Court of the United States · 1938
  4. Showalter v. Western Pacific RailroadCalifornia Supreme Court · 1940
  5. Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891

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3Cited by15 opinions

  1. Myers v. Reading Co.Supreme Court of the United States · 1947
  2. Gray v. Southern Pacific Co.California Supreme Court · 1944
  3. Still v. Norfolk & Western Railway Co.Supreme Court of the United States · 1961
  4. Bethlehem Steel Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1944
  5. White v. ThompsonSupreme Court of Kansas · 1957

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