Cott v. Erie Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s sole remedy is the Federal Employers’ Liability Act.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s sole remedy is the Federal Employers’ Liability Act. (Taylor v. Taylor, 232 U. S. 363; Winfield v. New York Central R. R. Co., 244 U. S. 147; Erie R. R. Co. v. Winfield, 244 U. S. 170; N. Y. C. R. R. Co. v. Tonsellito, 244 U. S. 360; Shanahan v. Monarch Engineering Co., 219 N. Y. 469.) Recovery cannot be had in a single action against the Lehigh under the federal statute and against…
1Opinion of the CourtCardozo, J.
The action is for personal injuries resulting in death.
*70The Erie and the Lehigh Valley railroads maintain and jointly operate at Buffalo a terminal road and switching yard known as the Buffalo Creek. Its function is the interchange of cars between the railroads that enter Buffalo, and between such roads and neighboring plants. Plaintiff’s intestate, Cott, was a conductor in the service of the Lehigh Valley. His engine; while moving along the terminal tracks, was derailed by an open switch, and he was thrown to the ground and killed. This action is brought by his administratrix against the…
2Cases cited23 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
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3Cited by3 opinions
- La Lone v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1927
- McCabe v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1939
- Hollock v. Occupational Disease Fund, Pennsylvania Court of Common Pleas, Luzerne County1974