Legal Opinion

De Paola v. New York, New Haven & Hartford Railroad

District Court, D. Connecticut

Decided October 4, 1961No. Civ. No. 8217PublishedCited by 5 opinions

1Opinion of the Court

BLUMENFELD, District Judge.

The defendant has moved for summary judgment. The petitioner railroad’s contention is that the plaintiff was not its employee at the time he was injured and for this reason is not entitled to proceed under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60. The only question before the court, therefore, is whether a genuine issue of fact exists with respect to this contention. The court should not grant a motion for summary judgment unless it is fully satisfied that there is an absence of a genuine and material fact issue. Kimble v. Anderson-Tully Co.,…

2Cases cited10 opinions

  1. Baker v. Texas & Pacific Railway Co.Supreme Court of the United States · 1959
  2. Ward v. Atlantic Coast Line RailroadSupreme Court of the United States · 1960
  3. Cimorelli v. New York Cent. R. Co.Court of Appeals for the Sixth Circuit · 1945
  4. Elisabeth Byrne, Administratrix of the Estate of Joe G. Irby, Deceased v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1959
  5. Louis R. Del Vecchio, Jr. v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1956

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

3Cited by5 opinions

  1. Turpin v. Chicago, Burlington & Quincy Railroad Co.Supreme Court of Missouri · 1966
  2. Ciaccio v. New Orleans Public Belt Railroad CommissionDistrict Court, E.D. Louisiana · 1968
  3. Barnes v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1978
  4. Brown v. CSX Transportation, Inc.Court of Appeals of Kentucky · 1999
  5. Lewis v. CowenDistrict Court, D. Connecticut · 1997

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