Hiser v. . Davis
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s intestate was not engaged in interstate commerce at the time of the accident within the provisions of the Federal Employers’ Liability Act. (Pedersen v. D., L. & W. R. R. Co., 229 U. S. 146; Roush v. B. & O. R. R. Co., 243 Fed.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s intestate was not engaged in interstate commerce at the time of the accident within the provisions of the Federal Employers’ Liability Act. (Pedersen v. D., L. & W. R. R. Co., 229 U. S. 146; Roush v. B. & O. R. R. Co., 243 Fed. Rep. 712; Philadelphia, B. & W. R. R. Co. v. Smith, 250 U. S. 101; Erie R. R. Co. v. Collins, 253 U. S. 77; Erie R. R. Co. v. Szary, 253 U.…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought under the Federal Employers’ Liability Act to recover damages for. the death of plaintiff’s intestate alleged to have been caused by the negligence of the defendant. On this appeal two propositions of substance have been argued. They are the ones, first, that intestate at the time of his injury and death was not engaged in interstate commerce and, second, that no recovery was permissible in behalf of the intestate’s alleged child for whose benefit alone recovery was allowed.
In the brief presented upon this appeal no exception is specified which survives…
2Cases cited16 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Erie Railroad v. CollinsSupreme Court of the United States · 1920
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Seaboard Air Line Railway v. KenneySupreme Court of the United States · 1916
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Middleton v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1934
- In re the Estate of BestNew York Court of Appeals · 1985
- FRAZIER v. Oil Chemical Co.Supreme Court of Pennsylvania · 1962
- Anonymous v. AnonymousAppellate Terms of the Supreme Court of New York · 1940
- Lopo v. Union Pacific Coal Co.Wyoming Supreme Court · 1938
18 more not listed; retrieve them via the Exa API.