Erie R. v. Hilt
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Action by Edwin J. Hilt, Jr., and another, against the Erie Railroad Company. There was a judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
A branch of the defendant’s railroad runs through the town of Garfield, N. J. On April 6, 1916, Edwin J. Hilt, Jr., one of the plaintiffs, a. boy less than seven years old, was run over and severely hurt on a switch track or siding near the station, and this suit is brought by his father and himself to recover damages for the injury.
At the place of the accident, there are two main tracks and a siding; trains run toward Jersey City on the east-bound track, and south of this track is the siding, which runs westward to the station and is used for the receipt and delivery…
2Cases cited3 opinions
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
- Chesko v. Delaware & Hudson Co.Court of Appeals for the Third Circuit · 1914
- Erie R. v. SwiderskiCourt of Appeals for the Third Circuit · 1912
3Cited by5 opinions
- Curreri v. ViceCourt of Appeals for the Ninth Circuit · 1935
- Erie Railroad v. DuplakSupreme Court of the United States · 1932
- Ex parte ZwillmanCourt of Appeals for the Third Circuit · 1931
- Public Service Ry. Co. v. WursthornCourt of Appeals for the Third Circuit · 1922
- Curreri v. ViceCourt of Appeals for the Ninth Circuit · 1935