Legal Opinion

George Getty v. Boston and Maine Corporation

Court of Appeals for the First Circuit

Decided November 15, 1974No. 74-1174PublishedCited by 17 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

In this FELA action plaintiff appeals from a judgment entered upon a directed verdict in favor of defendant railroad. At the close of plaintiff’s evidence the district court ruled that there was nothing upon which a jury could find that plaintiff had been within the scope of his employment at the time he was injured. Since such a finding is a prerequisite for recovery under the FELA, 45 U.S.C. § 51, the court granted defendant’s motion for a directed verdict. Fed.R.Civ.P. 50(a). We affirm.

Appellant was employed by defendant as a carman. His duties consisted of…

2Cases cited10 opinions

  1. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
  2. Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959
  3. Cimorelli v. New York Cent. R. Co.Court of Appeals for the Sixth Circuit · 1945
  4. Sassaman v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1944
  5. Metropolitan Coal Company, Inc. v. Franklin Johnson, New York, New Haven & Hartford Railroad Company v. Franklin JohnsonCourt of Appeals for the First Circuit · 1959

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

3Cited by17 opinions

  1. William E. Bennett v. Perini CorporationCourt of Appeals for the First Circuit · 1975
  2. Edward J. Caillouette v. Baltimore & Ohio Chicago Terminal Railroad CompanyCourt of Appeals for the Seventh Circuit · 1983
  3. Moore v. Chesapeake & Ohio Railway Co.District Court, S.D. West Virginia · 1980
  4. Leighton Empey v. Grand Trunk Western Railroad Co.Court of Appeals for the Sixth Circuit · 1989
  5. Dolores Schneider v. National Railroad Passenger Corp.Court of Appeals for the Second Circuit · 1988

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

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