Legal Opinion
O'ROuRke v. Pennsylvania R. Co
Court of Appeals for the Second Circuit
Decided February 26, 1952No. 149, Docket 22213PublishedCited by 9 opinions
1Opinion of the Court
BRENNAN, Distict Judge.
Appeal from a judgment entered on an order of the district court granting a summary judgment dismissing plaintiff’s complaint which sounds in negligence, and seeks to recover money damages on account of injuries received. The motion was made pursuant to Rules 12(b)(6), 56(b) and (d) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and is based upon the pleadings, affidavits of attorneys, the deposition of appellant, and certain concessions appearing in the record.
The complaint is based upon the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., hereinafter…
2Cases cited5 opinions
- Nogueira v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1930
- Buren v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1931
- Job v. Erie R.District Court, S.D. New York · 1948
- Zientek v. Reading Co.District Court, E.D. Pennsylvania · 1950
- Nogueira v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1929
3Cited by9 opinions
- Pennsylvania Railroad v. O'RourkeSupreme Court of the United States · 1953
- Carl Bienvenu v. Texaco, Inc. Director, Office of Worker's Compensation Programs, U.S. Department of Labor Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1999
- Green v. Simpson & Brown Construction Co.Supreme Court of New Jersey · 1953
- Henderson v. Cargill, Inc.District Court, E.D. Pennsylvania · 1954
- Scrinko v. Reading Co.District Court, D. New Jersey · 1954
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