Legal Opinion
Mostyn v. Delaware, L. & WR Co.
Court of Appeals for the Second Circuit
Decided May 9, 1947No. 209, Docket 20512PublishedCited by 86 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The defendants appeal from a judgment entered on a verdict for the plaintiff in an action brought under the Federal Employers’ Liability Act,1 for personal injuries from being run over by a train of the railroad company. Mostyn sued the railroad, which impleaded the Golden Company under a contract of indemnity, alleging that that company was primarily liable. On this appeal the railroad argues that Mostyn was not in its employ at the time; that if he was, in any event he was not acting within the scope of his employment; and that he failed to show that the railroad was…
2Cases cited21 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- American Stevedores, Inc. v. PorelloSupreme Court of the United States · 1947
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
16 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Korte v. New York, N. H. & H. R. CoCourt of Appeals for the Second Circuit · 1951
- A/s J. Ludwig Mowinckels Rederi v. Commercial Stevedoring Co., Inc.Court of Appeals for the Second Circuit · 1958
- Batson-Cook Co. v. Industrial Steel ErectorsCourt of Appeals for the Fifth Circuit · 1958
- Orie W. Davis v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1976
- Rose Powers, as Administratrix of the Goods, Chattels, and Credits of Edward J. Powers, Deceased v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1958
81 more not listed; retrieve them via the Exa API.