Erie R. v. Szary
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Antoni Szary against the Erie Railroad Company. To review a judgment for plaintiff, defendant brings error. The action is brought under the federal Employers’ I,¡ability Act, being Act April 22, 1908, c. 149, 35 Stat. 65, amended by Act April 5, 1910, c. 143, 36 Stat. 291 (Comp.
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In Error to the District Court of the United States for the Southern District of New York. Action by Antoni Szary against the Erie Railroad Company. To review a judgment for plaintiff, defendant brings error. The action is brought under the federal Employers’ I,¡ability Act, being Act April 22, 1908, c. 149, 35 Stat. 65, amended by Act April 5, 1910, c. 143, 36 Stat. 291 (Comp. St. §§ 8657-8665). The defendant in error, who was plaintiff below, is hereinafter referred to as plaintiff. The plaintiff in error, defendant below, is hereinafter referred to as defendant. The facts appear in the…
1Opinion of the Court
ROGERS, Circuit Judge.
This is a personal injury case, in which the plaintiff has obtained a verdict for $20,000 for the loss of a leg, which resulted from injuries he received while employed by the defendant in its yards at Jersey City. The case has been brought to this court on the theory that the plaintiff was not at the time of his injury engaged in interstate commerce, and so was not entitled to maintain the action under the federal Employers’ Liability Act.
It appears that plaintiff wTas employed as an engine sander. He prepared the sand to be used, and placed it in the engines that came…
2Cases cited6 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
- Erie R. v. CollinsCourt of Appeals for the Second Circuit · 1919
- Grybowski v. Erie RailroadSupreme Court of New Jersey · 1915
- Guida v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Delaware, L. & W. R. Co. v. BusseCourt of Appeals for the Second Circuit · 1920
- Buell v. HinesMichigan Supreme Court · 1922
- Efaw v. Industrial CommissionWisconsin Supreme Court · 1929
- Northern Pacific Railway Co. v. Industrial CommissionWisconsin Supreme Court · 1929
- Stone v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1925
1 more not listed; retrieve them via the Exa API.