Legal Opinion

Powers v. New York Central Railroad

District Court, S.D. New York

Decided February 26, 1957PublishedCited by 2 opinions

1Opinion of the Court

MURPHY, District Judge.

Defendant’s motion for judgment n. o. v. raises a perplexing question of first impression under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51.

James Powers was a crane operator employed by defendant in its West 60th Street freight yard abutting the Hudson River. Some time in the early evening of March 10, 1949, his motionless body was discovered in the river. He was rescued by fellow employees, resuscitated, removed to a nearby hospital and expired, all in a period of either three or four hours. His widow, on behalf of herself and infant children, alleging…

2Cases cited16 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  3. Schulz v. Pennsylvania RailroadSupreme Court of the United States · 1956
  4. Mostyn v. Delaware, L. & WR Co.Court of Appeals for the Second Circuit · 1947
  5. Cahill v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1956

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3Cited by2 opinions

  1. Rose Powers, as Administratrix of the Goods, Chattels, and Credits of Edward J. Powers, Deceased v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1958
  2. Rose Powers, as Administratrix of the Goods, Chattels, and Credits of Edward J. Powers, Deceased v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1958

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