Legal Opinion

West v. Erie Railroad

District Court, S.D. New York

Decided July 8, 1958PublishedCited by 5 opinions

1Opinion of the Court

DAWSON, District Judge.

This is a motion by defendant Erie Railroad Company, Inc., for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 128 U.S.C.A., on the ground that there is no genuine issue of material fact and that defendant is entitled to judgment as a matter of law.

The complaint alleges that the plaintiff, a citizen of New Jersey, was injured in March, 1955, as a result of the negligence of the defendant while plaintiff was working as an employee of the defendant. The complaint grounds its claim for relief on the applicability of the Federal Employers’…

2Cases cited6 opinions

  1. Nogueira v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1930
  2. The Admiral PeoplesSupreme Court of the United States · 1935
  3. Pennsylvania Railroad v. O'RourkeSupreme Court of the United States · 1953
  4. Ford v. ParkerDistrict Court, D. Maryland · 1943
  5. Job v. Erie R.District Court, S.D. New York · 1948

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

3Cited by5 opinions

  1. Thibodeaux v. J. Ray McDermott & Co.Court of Appeals for the Fifth Circuit · 1960
  2. Paul Romero Reyes v. Marine Enterprises, Inc.Court of Appeals for the First Circuit · 1974
  3. Beota Rogers Thibodeaux v. J. Ray McDermott & Co., Inc., and the Travelers Insurance Company, J. Ray McDermott & Co., Inc., and the Travelers Insurance Company, Cross-Appellant v. Beota Rogers Thibodeaux, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1960
  4. Marine Stevedoring Corp. v. OostingCourt of Appeals for the Fourth Circuit · 1968
  5. Marine Stevedoring Corporation, and Liberty Mutual Insurance Company v. Jerry C. Oosting, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, William H. Johnson v. John P. Traynor, Deputy Commissioner, U. S. Department of Labor, and Nacirema Operating Co., Inc., a Body Corporate, Julia T. Klosek, Widow of Joseph J. Klosek, Deceased Employee v. John P. Traynor, Deputy Commissioner, U. S. Department of Labor, and Nacirema Operating Co., Inc., a Body Corporate, Albert Avery v. Jerry C. Oosting, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, and Liberty Mutual Insurance CompanyCourt of Appeals for the Fourth Circuit · 1968

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