|
|
Rocco v. Lehigh Valley R. Co., 288 U.S. 275 (1933)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rocco v. Lehigh Valley R. Co., 288 U.S. 275 (1933)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 288 U.S. 269, click here.
Rocco v. Lehigh Valley Railroad Co. No. 359 Argued January 18, 1933 Decided February 6, 1933 288 U.S. 275
CERTIORARI TO THE SUPREME COURT OF NEW YORK
Syllabus
1. When, because of washouts, the presence of employees on the tracks may be anticipated, the railroad company should exercise reasonable care to have trains under control and to sound warnings and to keep lookout at places such as blind curves where the view is obstructed, and, in such situations, the rule that the employee on the track assumes the risk does not apply. Chesapeake & Ohio Ry. Co. v. Nixon, 271 U.S. 218, distinguished. P. 277.
2. A track inspector, riding a railway tricycle, set out on an inspection trip, as required by his duty, and was run down on a blind curve by a delayed train, which he must have known was somewhere on the line before him. In an action under the Federal Employers’ Liability Act, held that his failure to obey a rule requiring him, before leaving to ascertain from the railway office the whereabouts of trains was not to be taken as the primary and efficient cause of the accident, precluding recovery, but was to be considered by the jury with the other evidence in determining the question of his negligence. Davis v. Kennedy, 266 U.S. 147; Unadilla Valley Ry. Co. v. Caldine, 278 U.S. 139, distinguished. P. 279.
3. The Employers’ Liability Act imposes liability on the carrier if the injury or death results "in whole or in part" from its negligence. In this case, the questions of negligence and contributory negligence were for the jury. P. 278.
259 N.Y. 51, 181 N.E. 11, reversed.
Certiorari, 287 U.S. 58, to review the reversal of a judgment, 231 App.Div, 323, recovered by the executrix of a deceased railway employee in an action under the Federal Employers’ Liability Act for death by negligence. The judgment under review was entered in the trial court pursuant to a remittitur.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Rocco v. Lehigh Valley R. Co., 288 U.S. 275 (1933) in 288 U.S. 275 288 U.S. 276. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=95YN1HDPAKGZIIA.
MLA: U.S. Supreme Court. "Syllabus." Rocco v. Lehigh Valley R. Co., 288 U.S. 275 (1933), in 288 U.S. 275, page 288 U.S. 276. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=95YN1HDPAKGZIIA.
Harvard: U.S. Supreme Court, 'Syllabus' in Rocco v. Lehigh Valley R. Co., 288 U.S. 275 (1933). cited in 1933, 288 U.S. 275, pp.288 U.S. 276. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=95YN1HDPAKGZIIA.
|