Legal Opinion

Kelley v. Southern Pacific Co.

Supreme Court of the United States

Decided December 23, 1974No. 73-1270PublishedCited by 174 opinions

1Opinion of the CourtJustice Marshall

Petitioner Eugene Kelley was seriously injured when he fell from the top of a tri-lével railroad car where he had been working. He sought recovery for his injuries from the respondent railroad under the Federal Employers’ Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §§ 51-60. Under the FELA, a covered railroad is liable for negligently causing the injury or death of any person “while he is employed” by the railroad. Although petitioner acknowledged that he was technically in the employ of a trucking company rather than the railroad, he contended that his work was sufficiently…

2Cases cited27 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  3. United States v. Singer Manufacturing Co.Supreme Court of the United States · 1963
  4. Shenker v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  5. Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959

22 more not listed; retrieve them via the Exa API.

3Cited by174 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  3. Marina Cooper-Houston v. Southern Railway CompanyCourt of Appeals for the Eleventh Circuit · 1994
  4. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  5. Molski v. Evergreen Dynasty Corp.Court of Appeals for the Ninth Circuit · 2007

169 more not listed; retrieve them via the Exa API.

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