Legal Opinion

Kenneth Simpson v. Texas and New Orleans Railroad Company

Court of Appeals for the Fifth Circuit

Decided January 11, 1962No. 18961PublishedCited by 6 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This appeal is from a judgment sustaining the defendant’s motion to dismiss a complaint brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., on the ground that it fails to state a claim upon which relief can be granted.

According to the complaint, the accident occurred on January 15, 1959, at approximately 4:30 P.M. Plaintiff was an employee of the defendant and his duties were in furtherance of interstate commerce. Defendant was a common carrier by railroad engaged in interstate commerce. Plaintiff was a messenger furnished by the defendant with a…

2Cases cited10 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Inman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1959
  3. Webb v. Illinois Central RailroadSupreme Court of the United States · 1957
  4. Ringhiser v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1957
  5. Raudenbush v. Baltimore & OR Co.Court of Appeals for the Third Circuit · 1947

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

3Cited by6 opinions

  1. Bernard E. Walden v. Illinois Central Gulf Railroad, a CorporationCourt of Appeals for the Seventh Circuit · 1992
  2. Emmett E. Page v. St. Louis Southwestern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963
  3. Illinois Cent. R. Co. v. ClintonCourt of Appeals of Mississippi · 1998
  4. Ledford v. Pittsburgh & Lake Erie RailroadSuperior Court of Pennsylvania · 1975
  5. Lumley v. CSX Transportation Inc., Pennsylvania Court of Common Pleas, Lawrence County2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API