Shanks v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 25, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Both the defendant and the plaintiff were unmistakably engaged in interstate commerce at the time of the injury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 25, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Both the defendant and the plaintiff were unmistakably engaged in interstate commerce at the time of the injury. (Pedersen v. D., L. & W. R. R. Co., 229 U. S. 146; Lamphere v. O. R. & N. Co., 196 Fed. Rep. 336; Horton v. O., etc., Co., 130 Pac. Rep. 897;…
1Opinion of the CourtChase, J.
This action is brought under the Federal Employers’ Liability Act of April 22, 1908 (35 Sbat. at L. 65, ch. 149; U. S. Comp. Stat. Supp. 1911, p. 1322), to recover damages for personal injuries sustained by the plaintiff while engaged as an employee of the defendant in a shop near Hoboken, FT. J.
The defendant is a railroad corporation and common carrier and at the times hereinafter mentioned was engaged in interstate commerce. It was also engaged in intrastate commerce. Its road extends from Hoboken, N. J., to Buffalo, 1ST. Y., and passes through and is in part located in the state of…
2Cases cited2 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
3Cited by10 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Southern Pacific Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1942
- Claim of Moore v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Chicago, Rock Island & Pacific Railway Co. v. Industrial BoardIllinois Supreme Court · 1916
- Matter of Baird v. New York Central R.R. Co.New York Court of Appeals · 1949
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