Legal Opinion
Elisabeth Byrne, Administratrix of the Estate of Joe G. Irby, Deceased v. Pennsylvania Railroad Company
Court of Appeals for the Third Circuit
Decided January 9, 1959No. 12596_1PublishedCited by 25 opinions
1Opinion of the Court
BIGGS, Chief Judge.
This suit, based first on the Federal Employers’ Liability Act, 35 Stat. 65-66 (1908), as amended 53 Stat. 1404-1405 (1939), 45 U.S.C.A. §§ 51-60 and second on the Wrongful Death and Survival Statute of the State of Delaware, 10 Del. Code Ann. § 3704 (1953), 1 was brought by Irby’s administratrix to recover damages for his death which occurred on January 7, 1953.
It is clear that at the time of his death Irby, an electrical engineer, thirty-two years old, was an employee of Westinghouse Electi’ic Corporation. He was killed while working on one of four electric locomotives,…
2Cases cited18 opinions
- United States v. AtkinsonSupreme Court of the United States · 1936
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Lavender v. KurnSupreme Court of the United States · 1946
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Ellis v. Union Pacific RailroadSupreme Court of the United States · 1947
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
- Patrick Mazzucola v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1960
- Hebert v. California Oil CompanyDistrict Court, W.D. Louisiana · 1967
- Janet B. Jopek, of the Estate of Donald N. Jopek, Deceased v. New York Central Railroad Company, a CorporationCourt of Appeals for the Third Circuit · 1965
- Missouri-Kansas-Texas Railway Company, a Corporation v. Oscar HearsonCourt of Appeals for the Tenth Circuit · 1970
20 more not listed; retrieve them via the Exa API.