Lehigh Valley R. v. Skoczyla
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for District of New Jersey; John Rellstab, Judge. Action at law by Frank Skoczyla, administrator of the estate of Paul Kulish, deceased, against the Lehigh Valley Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
On a bridge devoted to both interstate and intrastate commerce, Kulish was tightening nuts with a wrench which he knew was old and worn, and therefore defective. The wrench slipped and he fell from the bridge and was killed.
At the trial of this action, brought by the administrator of Kulish to recover damages for his death, the court submitted the question of assumption of risk and the jury returned a verdict for the plaintiff. By this writ of error the defendant brings here for review the action of the court in refusing to hold, as matter of law, that the decedent had…
2Cases cited4 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Pryor v. WilliamsSupreme Court of the United States · 1920
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1916
- New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
3Cited by11 opinions
- George J. Meyer Mfg. Co. v. Miller Mfg. Co.Court of Appeals for the Seventh Circuit · 1928
- Hallstein v. Pennsylvania R. Co.Court of Appeals for the Sixth Circuit · 1929
- Leonidas v. Great Northern Railway Co.Montana Supreme Court · 1937
- Bevin v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
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