Erie Railroad v. Collins
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The cáse is stated in the opinion. The character of employment at the time of injuiy, whether interstate or intrastate, depends’upon the work in which the employee, at the time, was engaged. The mere expectation of presently being called upon to perform a task in interstate commerce is immaterial. Erie R. R. Co. v. Collins, 259 Fed. Rep. 172; Southern Ry.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The cáse is stated in the opinion. The character of employment at the time of injuiy, whether interstate or intrastate, depends’upon the work in which the employee, at the time, was engaged. The mere expectation of presently being called upon to perform a task in interstate commerce is immaterial. Erie R. R. Co. v. Collins, 259 Fed. Rep. 172; Southern Ry. Co. v. Puckett, 244 U. S. 571, 574; Illinois Central R. R. Co. v. Behrens, 233 U. S. 473, 478; Erie R. R. Co. v. Welsh,. 242 U. S. 303, 306. See also New York Central R. R.…
1Opinion of the CourtJustice McKenna
Action for damages under the Federal Employers’ Liability Act brought in the District Court for the Western District of New York.
The following are the allegations of the complaint stated narratively:
December 25, 1915, and prior thereto, defendant was an operator of a steam railroad and engaged in interstate commerce. On and prior to that date plaintiff as an employee of defendant operated a signalling tower and water-tank in the town of Burns, New York, the tower being used for the operation of trains in interstate and intrastate commerce. The tank was used for supplying the locomotives of…
2Cases cited6 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
- Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917
- Delaware, Lackawanna & Western Railroad v. YurkonisSupreme Court of the United States · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
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- William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.Court of Appeals for the Fifth Circuit · 1986
- Jim Buell v. Atchison, Topeka and Santa Fe Railway Company, a CorporationCourt of Appeals for the Ninth Circuit · 1985
- Bible v. Commonwealth, Department of Labor & IndustrySupreme Court of Pennsylvania · 1997
- Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
113 more not listed; retrieve them via the Exa API.