Legal Opinion

Marvin Eichelberg v. National Railroad Passenger Corporation

Court of Appeals for the Second Circuit

Decided June 22, 1995No. 683, Docket 94-7598PublishedCited by 13 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

Plaintiff-appellant Marvin Eichelberg was fishing from a railroad trestle at Beebe Cove, Connecticut, when a train run by defendant-appellee National Railroad Passenger Corp. (“Amtrak”), apparently determined to put the trestle to its intended use, approached from the south. Eichelberg did not reach safety, the train struck him, and he was severely injured. Eiehelberg’s claim for damages was brought before the United States District Court for the District of Connecticut (Alfred V. Covello, J.). The district court granted Amtrak’s motion for summary judgment, and…

2Cases cited39 opinions

  1. Nga Li v. Yellow Cab Co.California Supreme Court · 1975
  2. McIntyre v. BalentineTennessee Supreme Court · 1992
  3. United States v. Mary Rem, Syma Lichter, and Nathan Hanfling, as Executors of the Estate of Henry Rem, Gerard RemCourt of Appeals for the Second Circuit · 1994
  4. Alfaro Motors, Inc. v. WardCourt of Appeals for the Second Circuit · 1987
  5. UNION PACIFIC RAILWAY COMPANY v. MyersSupreme Court of the United States · 1885

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3Cited by13 opinions

  1. Savin Corporation v. The Savin Group, Savin Engineers, P.C., Savin Consultants, Inc. D/B/A Savin Engineers, P.C., and Jmoa Engineering, P.C.Court of Appeals for the Second Circuit · 2004
  2. Menard v. CSX Transportation, Inc.Court of Appeals for the First Circuit · 2012
  3. Ocasio v. AmtrakNew Jersey Superior Court Appellate Division · 1997
  4. Munn v. Hotchkiss SchoolDistrict Court, D. Connecticut · 2014
  5. Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005

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