Legal Opinion

Wilczynski v. Pennsylvania Railroad

Supreme Court of New Jersey

Decided March 5, 1917PublishedCited by 1 opinion

On appeal from the Supreme Court. Tills is an action under the Federal Employers’ Liability act to recover damages for the death of a servant of the appellant resulting from the negligence of that company while engaged in interstate commerce, in which it employed the plaintiff’s intestate. The interstate commerce in which the appellant was engaged consisted in the carriage of steel girders from a point in the State of Delaware to a point in the State of New York.

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On appeal from the Supreme Court. Tills is an action under the Federal Employers’ Liability act to recover damages for the death of a servant of the appellant resulting from the negligence of that company while engaged in interstate commerce, in which it employed the plaintiff’s intestate. The interstate commerce in which the appellant was engaged consisted in the carriage of steel girders from a point in the State of Delaware to a point in the State of New York. This is established by the appellant’s answers to interrogatories as follows: “State where the said freight was received by the…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

It was not error to deny the motions to take the case from the jury. There was ample testimony from which the jury could find that the dislodgment of the top girder of the highest pile by the rocking of the boat was dne to the fact that the piles of girders had not been kept at a uniform height, as the testimony shows that they should have been, and as the fatal result in this case demonstrated. An accident from this cause would be due not to the work done or to be done by the servants of the defendant, but to the plan adopted for the…

2Cited by1 opinion

  1. Hendrickson v. Continental Fibre Co.Superior Court of Delaware · 1927

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