Kozimko v. Hines
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Charles P. Pynch, Judge. Action by Joseph Kozimko, administrator of Joseph Pekalska, deceased, against Walker D. Hines, Director General of Railroads. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOOPPEY, Circuit Judge.
Of the several issues here involved the one on which recovery primarily depends is whether the plaintiff’s decedent was at the time of his injury employed in interstate commerce within the meaning of the- Federal Employers’ Piability Act. Act of April 22, 1908, 35 Stat. 65, c. 149, amended by Act of April 5, 1910 (Comp. St. §§ 8657-8665), printed in full in Second Employers’ Pia-’ bility Cases, 223 U. S. 6, 32 Sup. Ct. 169, 56 L. Ed. 327, 38 L. R. A. (N. S.) 44.
The stipulated facts are these:
Por two weeks prior to the accident the decedent had been employed at night in…
2Cases cited12 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
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3Cited by9 opinions
- Lehigh Valley R. v. DoktorCourt of Appeals for the Third Circuit · 1923
- Kepner v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1929
- Philadelphia & R. Ry. Co. v. CannonCourt of Appeals for the Third Circuit · 1924
- Schauffele v. Director General of RailroadsCourt of Appeals for the Third Circuit · 1921
- Slatinka v. United States Railway AdministrationSupreme Court of Iowa · 1922
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