Legal Opinion · Dissent

Morris v. Pennsylvania R. Co

Court of Appeals for the Second Circuit

Decided March 14, 1951No. 21885_1Published

1DissentChase, Circuit Judge

The special verdict exonerated the brakeman on the car which struck the decedent. This left .as the only possible ground for liability of the' appellant under the Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the failure to provide a safe place for the decedent to work, i. e., a safe way to go to work and to go away from work across the property of the railroad. Though the jury found that no such safe way was provided, that was not the proximate cause of the death. It was, on the contrary, caused by conditions at- a place where the decedent was, and knew he was, prohibited from going.…

2Cases cited3 opinions

  1. Van Derveer v. Delaware, L. &. W. R.Court of Appeals for the Second Circuit · 1936
  2. Philadelphia & R. Ry. Co. v. ThirouinCourt of Appeals for the Third Circuit · 1925
  3. St. Louis, Iron Mountain & Southern Railway Co. v. StewartSupreme Court of Arkansas · 1916

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