Legal Opinion

Charles J. Napier v. The Delaware, Lackawanna and Western Railroad Company

Court of Appeals for the Second Circuit

Decided May 25, 1955No. 23519_1PublishedCited by 18 opinions

1Opinion of the Court

HINCKS, Circuit Judge.

This is an action brought under the Federal Employers’ Liability Act, 45 U. S.C.A. § 51 et seq., to recover a money judgment for injuries sustained by the plaintiff while in the employ of the defendant railroad company. From the judgment entered on a jury verdict for the plaintiff, the defendant appealed. The plaintiff moved to dismiss for lack of appellate jurisdiction and argument on this motion was heard concurrently with argument on the merits of the appeal. We turn directly to a consideration of the motion to dismiss the appeal.

On March 11, 1954, upon the acceptance…

2Cases cited11 opinions

  1. United States v. Crescent Amusement Co.Supreme Court of the United States · 1944
  2. Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
  3. Leishman v. Associated Wholesale Electric Co.Supreme Court of the United States · 1943
  4. Zimmern v. United StatesSupreme Court of the United States · 1936
  5. Bowman v. LoperenaSupreme Court of the United States · 1940

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

3Cited by18 opinions

  1. Claudia Walker v. Bank of America National Trust & Savings Association, and Transamerica CorporationCourt of Appeals for the Ninth Circuit · 1959
  2. Ralph O. Flowers v. Savannah MacHine & Foundry Co.Court of Appeals for the Fifth Circuit · 1962
  3. Ray Hawkins, Individually and on Behalf of All Other Common Stockholders of the Tonopah Mining Company of Nevada Similarly Situated v. Thayer LindsleyCourt of Appeals for the Second Circuit · 1964
  4. The F. & M. Schaefer Brewing Co. v. United StatesCourt of Appeals for the Second Circuit · 1956
  5. In Re JA & LC Brown Co., Inc.District Court, E.D. Pennsylvania · 1987

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

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