Borelli v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Giorgio Borelli, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 8th day of May, 1918, upon a nonsuit granted at the close of the plaintiff’s case.
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Appeal by the plaintiff, Giorgio Borelli, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 8th day of May, 1918, upon a nonsuit granted at the close of the plaintiff’s case. The defendant claimed that recovery was exclusively prescribed by the Workmen’s Compensation Law of the State of New York, and the issue seems to be the right of plaintiff to a recovery under the Federal Employers’ Liability Act. (See 35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143.)
1Opinion of the Court
Crouch, J.:
On August 4,1914, plaintiff’s intestate, an employee of defendant, was making repairs on the track of defendant’s car line, running through East Ferry street in the city of Buffalo. His work consisted of “ putting in and tightening up the bolts on the old rails there.” One of defendant’s cars jumped the track at the point where he was working, due, the plaintiff alleges, to certain defects in the tracks and in the wheels of the car. As a result he was so severely injured as to cause his death.
At the close of plaintiff’s case a nonsuit was granted, apparently upon the ground that…
2Cases cited8 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
- Industrial Accident Comm'n of Cal. v. DavisSupreme Court of the United States · 1922
- Cott v. . Erie R.R. Co.New York Court of Appeals · 1921
- Washington Railway & Electric Co. v. ScalaSupreme Court of the United States · 1917
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