Yarrington v. Delaware & Hudson Co.
Citations
- 143 F. 565
- 1906 U.S. App. LEXIS 4654
Syllabus
<p>1. Courts—State and Federal Courts—Rules of Decision—State Statutes.</p> <p>The construction given by the highest court of a state to' the local statute law regulating the liability of railroad carriers is binding upon the federal courts.</p> <p>[Ed. Note.—For cases in point, see vol. 13, Cent. Dig. Courts, § 957.}</p> <p>2. Carriers—Negligence—Passengers—Mail Clerk—Act Pa. April 4, 186S —Quasi Employes.</p> <p>By reason of the local Pennsylvania act of April 4, 1868 (P. L. 58), as construed in Railroad v. Price, 96 Pa. 256, although contrary to the great weight of authority elsewhere, a railway mail clerk is not a passenger, and according to the provisions of the statute, in case of personal injury while engaged in the performance of his duties on or about the road, works, depots, or premises of a railroad, or any train or car thereon, can only recover of such company the same as one of its own employes.</p> <p>[Ed. Note.—For cases in point, see vol. 9, Cent Dig. Carriers, § 979.]</p> <p>3. Same—Joint Trackage Eights of Different Roads.</p> <p>Wliere, however, two railroads have joint trackage rights over the same track, and an employé of one of them is injured thereon by the negligence of the other company, the following rules of construction of the statute have been established:</p> <p>(a) The track, for the application of Act Pa. April 4, 1868 (P. L. 58), must be regarded as the property of each road, while using it, whether the use be by virtue of joint or several ownership, charter rights, lease, license, or traffic agreement. • ,</p> <p>(b) Where the place of the accident is clearly and for general purposes the road, works, depots, or premises of the railroad company defendant, it is sufficient for the application of the act, if the person injured is engaged or employed in and about such road, works, depots, or premises, and is not a passenger.</p> <p>(c) Where, however, the accident occurs in a place which is not exclusively and for general purposes, but
Judges: Archbald
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1 case in this archive cites this case.
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- Railroad Co. v. LockwoodSupreme Court· 1873-10-20· cited 494×
- Gleeson v. Virginia Midland RailroadSupreme Court· 1891-05-11· cited 160×
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri· 1891-04-15· cited 97×
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court· 1891-01-21· cited 45×
- Arrowsmith v. Nashville & D. R.Circuit Court of Tennessee· 1893-07-27· cited 44×
- Ohio & Mississippi Railway Co. v. VoightIndiana Supreme Court· 1890-02-26· cited 26×
- Baltimore & Ohio Railroad v. State ex rel. WileyCourt of Appeals of Maryland· 1890-02-05· cited 24×
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KetchamIndiana Supreme Court· 1893-01-26· cited 19×
- Magoffin v. Missouri Pacific Railway Co.Supreme Court of Missouri· 1890-10-15· cited 19×
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania· 1876-05-08· cited 18×
- Pennsylvania Railroad v. PriceSupreme Court of Pennsylvania· 1881-01-03· cited 17×
- Price and Others v. Pennsylvania R. CoSupreme Court· 1885-01-26· cited 16×
- Balt. & Ohio R. v. ColvinSupreme Court of Pennsylvania· 1888-01-03· cited 11×
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania· 1893-01-03· cited 11×
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania· 1879-11-17· cited 9×
- Kirby v. Pennsylvania RailroadSupreme Court of Pennsylvania· 1875-01-04· cited 8×
- Christman v. Phila. R.Supreme Court of Pennsylvania· 1891-04-20· cited 8×
- Brewer v. New York, Lake Erie & Western RailroadNew York Court of Appeals· 1891-01-14· cited 7×
- H. & T. C. R'y Co. v. HamptonTexas Supreme Court· 1885-07-01· cited 6×
- Richter v. Pennsylvania Co.Supreme Court of Pennsylvania· 1883-11-03· cited 5×
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