New York Central R. Co. v. Marcone, 281 U.S. 345 (1930)
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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.
New York Central R. Co. v. Marcone, 281 U.S. 345 (1930)
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New York Central Railroad Company v. Marcone No. 212 Argued February 25, 26, 1930 Decided April 14, 1930 281 U.S. 345
CERTIORARI TO THE COURT OF ERRORS
AND APPEALS OF NEW JERSEY
Syllabus
1. On the evidence, it was for the jury to say whether the railroad company exercised due care in moving an engine in a roundhouse at night without more effective and specific warning than the sounding of the whistle and bell, and whether the failure to give such other warning was the cause of the death of an employee who had been working close to the track, it appearing that whistles and bells were being constantly operated in the roundhouse to test them as well as to warn of engine movements, and there being also evidence tending to prove a custom to post the times at which engines were to be removed as a warning to those employed about them, and that the movement in this case was earlier than the time posted for the engine. P. 349.
2. Under the federal Employers’ Liability Act, contributory negligence is not a bar to recovery unless it is the sole cause of the injury or death, but may be taken into consideration by the jury in fixing the amount of damage. P. 350.
3. The work of lubricating, in a roundhouse, an engine that was last used in hauling interstate trains and has not been withdrawn from service is employment in interstate commerce. P. 350.
4. The workman who has finished such a job is still employed in interstate commerce within the meaning of the Employers’ Liability Act if injured within a few minutes of its completion and while on duty in the roundhouse awaiting instructions from his superior. P. 350.
105 N.J.L. 466 affirmed.
Certiorari, 280 U.S. 540, to review a judgment of the Court of Errors and Appeals of New Jersey affirming a recovery under the Employers’ Liability Act.
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Chicago: U.S. Supreme Court, "Syllabus," New York Central R. Co. v. Marcone, 281 U.S. 345 (1930) in 281 U.S. 345 281 U.S. 346. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BC52E4LIWALXQA6.
MLA: U.S. Supreme Court. "Syllabus." New York Central R. Co. v. Marcone, 281 U.S. 345 (1930), in 281 U.S. 345, page 281 U.S. 346. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BC52E4LIWALXQA6.
Harvard: U.S. Supreme Court, 'Syllabus' in New York Central R. Co. v. Marcone, 281 U.S. 345 (1930). cited in 1930, 281 U.S. 345, pp.281 U.S. 346. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BC52E4LIWALXQA6.
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