Pryor v. Bishop
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by James F. Bishop, administrator of Orville Bordner, deceased, against Edward Pryor, receiver of the Wabash Railroad Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by James F. Bishop, administrator of Orville Bordner, deceased, against Edward Pryor, receiver of the Wabash Railroad Company. Judgment for plaintiff, and defendant brings error. Plaintiff in error, herein described as defendant, was sued by defendant in error, termed plaintiff herein, under the so-called federal Employers’ Liability Act, in an action on the case for damages arising out of tho negligence of defendant resulting in the death of plaintiff’s decedent.…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). While the record cites that decedent’s caboose and crew were subject to call at any time after the expiration of the-8-hour rest period, viz., 8:30 o’clock p. m., December 20, 1913, it also appears that the several members of the crew were masters of their own time and whereabouts up to the period of 1% hours preceding the departure of a train to which they were to be assigned. They were then expected to be within call for the purpose of necessary notice. After notice, they still had an hour during which they were subject to no control by defendant.
The…
2Cases cited19 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
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3Cited by9 opinions
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Bishop v. DelanoCourt of Appeals for the Seventh Circuit · 1920
- Bumstead v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1917
- Schmidbauer v. Baltimore & Pittsburgh Motor Express Co.Court of Appeals of Maryland · 1962
- Kidder v. Marysville & Arlington Railway Co.Washington Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.