Legal Opinion
Williams v. Norfolk Southern Ry. Co., Inc.
District Court, E.D. Virginia
Decided July 26, 1991No. Civ. A. 90-1491-APublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
The Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (“FELA” or the “Act”) gives railroad workers a remedy against the railroad for injuries sustained in the course of their employment as a result of the negligence of the railroad or its agents. But injuries incurred while “commuting” to or from work are not sustained in the course of employment. Thus courts, applying the “commuter rule”, have consistently denied the FELA remedy to workers injured while commuting. This case presents two questions. The first is whether the commuter rule bars a…
2Cases cited12 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Sinkler v. Missouri Pacific RailroadSupreme Court of the United States · 1958
- Sassaman v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1944
- Metropolitan Coal Company, Inc. v. Franklin Johnson, New York, New Haven & Hartford Railroad Company v. Franklin JohnsonCourt of Appeals for the First Circuit · 1959
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3Cited by4 opinions
- Roberts v. Southern Pacific Transportation Co.Court of Appeals of Texas · 2001
- Goldwater v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 1995
- Hayes v. Wisconsin & Southern Railroad LLCDistrict Court, E.D. Wisconsin · 2019
- Marta Loya, as Personal Representative of the Estate of Hector Loya v. Denver & Rio Grande Western Railroad CompanyCourt of Appeals for the Tenth Circuit · 1993