Legal Opinion
O'Rourke v. Pennsylvania R.
District Court, E.D. New York
Decided July 12, 1951No. Civ. 10266PublishedCited by 4 opinions
1Opinion of the Court
KENNEDY, District Judge.
When this case appeared upon the trial calendar both counsel called my attention to the fact that the pleadings raised a serious question whether the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., or the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. (upon which statutes plaintiff’s claim is based) could properly be invoked by plaintiff even if defendant’s negligence were proved, or an unsafe appliance caused plaintiff’s injuries. For plaintiff was injured while acting as a railroad freight brakeman on a car float moored in navigable waters. Both counsel…
2Cases cited9 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
- Nogueira v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1930
- John Baizley Iron Works v. SpanSupreme Court of the United States · 1930
- New York, New Haven & Hartford Railroad v. BezueSupreme Court of the United States · 1932
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3Cited by4 opinions
- Pennsylvania Railroad v. O'RourkeSupreme Court of the United States · 1953
- O'ROuRke v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1952
- O'ROuRke v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1952
- Pennsylvania Railroad v. O'RourkeSupreme Court of the United States · 1953