Legal Opinion

Central R. Co. of New Jersey v. Sharkey

Court of Appeals for the Second Circuit

Decided February 13, 1919No. 130PublishedCited by 14 opinions

In Error to the District Court of the United States for the Southern District of New York. Action by Cornelius Sharkey against the Central Railroad Company of New Jersey. Judgment for plaintiff, and defendant brings error. The action is brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Sfcat. 65 [Comp.

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In Error to the District Court of the United States for the Southern District of New York. Action by Cornelius Sharkey against the Central Railroad Company of New Jersey. Judgment for plaintiff, and defendant brings error. The action is brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Sfcat. 65 [Comp. St. §§ 8657-8665]) to recover for personal injuries sustained by defendant in error, hereinafter called plaintiff, as. a result of an accident which occurred on August 25, 1917, in the yards of the plaintiff in error, hereinafter called defendant, at Bayonne, N.…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). The question presented to the court in this case is whether upon the facts shown the plaintiff was engaged in interstate commerce at the time he received the injuries of which he complains. At the time of the accident and for two years prior thereto the plaintiff was employed by the defendant as a car repairer in its Bayonne yards. His repair work in general was done on freight cars which he said “went to other states and came from other states.” lie was asked as to his work on the day of the accident, “Do you know of your own knowledge that these freight…

2Cases cited26 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Aerkfetz v. HumphreysSupreme Court of the United States · 1892
  3. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
  4. Hickory v. United StatesSupreme Court of the United States · 1894
  5. Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917

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

3Cited by14 opinions

  1. Bilboa v. United StatesCourt of Appeals for the Ninth Circuit · 1923
  2. Denver & R. G. W. R. v. Industrial CommissionUtah Supreme Court · 1922
  3. Simmons v. SternCourt of Appeals for the Eighth Circuit · 1925
  4. Mirkowicz v. Reading Co.Court of Appeals for the Third Circuit · 1936
  5. Louisville N. R. Co. v. PettisSupreme Court of Alabama · 1921

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

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