Erie Railroad v. Hilt
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The case is stated in the opinion. The statute does not apply to infants of tender years. In Barcolini v. Atlantic City & Shore R. R. Co., 82 N. J. L. 107, the New Jersey Supreme Court held that the statute applied to an infant of the age of 21 months.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The case is stated in the opinion. The statute does not apply to infants of tender years. In Barcolini v. Atlantic City & Shore R. R. Co., 82 N. J. L. 107, the New Jersey Supreme Court held that the statute applied to an infant of the age of 21 months. The Court of Errors and Appeals (the- highest court of that State) has never passed upon the question, and the decision of the Supreme Court is. not binding upon the federal courts. While it may be true that the statute was passed to prevent accidents on railroads, and to…
1Opinion of the CourtJustice Holmes
This is an action for personal injuries caused by the plaintiff being run over on a siding of the defendant’s railroad at Garfield, New Jersey. The plaintiff was a boy less than seven years old and had been playing marbles near the siding when a marble rolled under a car. The boy tried to reach the marble with his foot and while he was doing so the car was backed and his left leg was so badly hurt that it had to be cut off. A statute of New Jersey provides that "if any person shall be injured by an engine or car while walking, standing or playing on any railroad, .... such person shall be…
2Cited by48 opinions
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- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
- Egan v. Erie RailroadSupreme Court of New Jersey · 1959
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