Legal Opinion
Eugene C. Kelley v. Southern Pacific Company, a Corporation
Court of Appeals for the Ninth Circuit
Decided September 7, 1973No. 71-2262PublishedCited by 7 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
This is an appeal by Southern Pacific Co., a railroad, from a money judgment recovered by Eugene Kelley, a workman, in an action for negligent injury under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq.
The only matter in dispute is whether the relationship between Kelley and Southern Pacific was such as to bring the tort in suit within the coverage of the F.E.L.A. By agreement of the parties, the issues, factual as well as' legal, upon which liability depended were tried to the district court without a jury. After an evidentiary hearing the court entered…
2Cases cited9 opinions
- Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1915
- Eckel v. BrennerSupreme Court of the United States · 1965
- Dougall v. Spokane, P. & S. Ry. Co.Court of Appeals for the Ninth Circuit · 1953
- Percell Tarboro v. Reading Company and E. W. Coslett & Sons, IncCourt of Appeals for the Third Circuit · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kelley v. Southern Pacific Co.Supreme Court of the United States · 1974
- Pelliccioni v. Schuyler Packing Co.New Jersey Superior Court Appellate Division · 1976
- Hebert v. Southern Pacific Transportation Co.Court of Appeals for the Fifth Circuit · 1976
- Kelley v. Southern Pacific Co.Supreme Court of the United States · 1974
- Mrs. Madge Brooks, and Cross-Appellee v. Southwestern Transportation Company and St. Louis Southwestern Railway Company, and Cross-AppellantsCourt of Appeals for the Sixth Circuit · 1974
2 more not listed; retrieve them via the Exa API.