Delaware, L. & W. R. v. Perrotta
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action at law by Carmine Perrotta against the Delaware, Lacka-wanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error. The action was commenced originally in the Supreme Court of the state of New York for the county of Kings.
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In Error to the District Court of the United States for the Eastern District of New York. Action at law by Carmine Perrotta against the Delaware, Lacka-wanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error. The action was commenced originally in the Supreme Court of the state of New York for the county of Kings. The case was, however, removed by the plaintiff in error to the United States District Court for the Eastern District of New York, on the ground of diversity of citizenship.
1Opinion of the Court
ROGERS, Circuit- Judge.
This is an action by an employé against an employer. It is brought under the Employers’ Liability Act -of the state of New York (Consol. Laws, c. 31, §§ 200-204), and is for the recovery of damages for personal injuries incurred by the plaintiff and alleged to have been caused solely by reason of the negligence of the defendant.
[3] The plaintiff is a longshoreman, who was employed by the defendant in loading and unloading cars at its pier in the North River in the borough of Manhattan, city of New York. The cars were brought to the pier on lighters or floats holding 10…
2Cases cited6 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Atchison, Topeka & Santa Fé Railroad v. SeeleySupreme Court of Kansas · 1894
- Drury v. American Fruit Product Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Mattson v. Phœnix Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Young Ti v. United StatesCourt of Appeals for the Third Circuit · 1917