O'ROuRke v. Pennsylvania R. Co

I would affirm on the persuasive opinion of Judge Kennedy below, D.C.E.D.N.Y., 99 F.Supp. 506, which, in my view, correctly evaluates the precedents and the legislative policy. The decision here rejects traditional tests to rely upon something found in the nature of the employer’s job, a distinction so vagrant and fleeting that it apparently cannot be stated more precisely than something “distinctively a railroader’s job,” or a “specialized railroad employment,” requiring particular training and with particular risks. But how that can be given anything like finite application to distinguish…