Legal Opinion

Larkin v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1928PublishedCited by 2 opinions

1Opinion of the CourtProskauer, J.

The plaintiff was employed by the defendant railroads to sort baggage and transport it from a baggage room in the Grand Central Station to baggage cars. In the discharge of his duties he used a baggage truck. Injured because of certain defects in the truck, he brought this action under the provision of the Federal Employers’ Liability Act to recover damages. The complaint has been dismissed upon the sole ground that the plaintiff was not at the time of the accident engaged in interstate commerce.

Plaintiff testified that he had been instructed to sort out certain baggage consisting both of…

2Cases cited4 opinions

  1. Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
  2. New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
  3. Erie Railroad v. WelshSupreme Court of the United States · 1917
  4. Carberry v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1919

3Cited by2 opinions

  1. Sheehan v. Terminal Railroad Assn.Supreme Court of Missouri · 1935
  2. Mason v. Reading CompanySuperior Court of Pennsylvania · 1937

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