Legal Opinion
Carey v. N.Y.C.R.R. Co.
New York Court of Appeals
Decided March 19, 1929PublishedCited by 4 opinions
1Opinion of the Court
The action is under the Federal Employers' Liability Act to recover damages for negligence resulting in death.
Carey, an engineer in the service of defendant, was taking a string of coopered cars from the defendant's yard in Buffalo to another yard or junction. The cars were to be sent from the junction to the Buffalo grain elevators, where they were to be held in readiness for expected orders for the movement of grain. In switching the cars at the junction from the main track to a side one, Carey was killed. The question is whether he was engaged, when injured, in interstate commerce.
Buffalo…
2Cases cited21 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Stafford v. WallaceSupreme Court of the United States · 1922
- Binderup v. Pathe Exchange, Inc.Supreme Court of the United States · 1923
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
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3Cited by4 opinions
- Claim of Libertucci v. New York Central RailroadNew York Court of Appeals · 1929
- Salkeld v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1940
- Claim of Libertucci v. New York Central Railroad Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Leuthe v. Erie R.District Court, W.D. New York · 1935