U.S. Court of Appeals for the Third Circuit, 1953

William Kelly v. General Electric Company

William Kelly v. General Electric Company
U.S. Court of Appeals for the Third Circuit · Decided June 24, 1953 · Maris, McLaughlin, Kalodner
204 F.2d 692; 1953 U.S. App. LEXIS 2497 (Federal Reporter, Second Series)

Counsel

Charles A. Lord, Philadelphia, Pa. (Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant., Charles J. Biddle, Philadelphia, Pa. (Francis Hopkinson, Drinker Biddle & Reath, Philadelphia, Pa., on the brief), for appellee.

William Kelly v. General Electric Company

Cases that cite this one

4 later published cases cite this decision.

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Opinion

PER CURIAM.

This is an appeal from a summary judgment in favor of the defendant in a suit by the plaintiff, an injured employee, under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The sole question in the case is whether the district court erred in holding that the defendant is not a common carrier by railroad within the meaning of that Act and entering summary judgment accordingly. We find ourselves in complete agreement with the views expressed in the able and comprehensive opinion filed by Judge Clary in the district court, 110 F.Supp. 4, to which we need add nothing.

The judgment of the district court will be affirmed.

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