New York Central Railroad v. Porter
Cases that cite this one
54 later published cases cite this decision. The 25 that cite it most often are listed here.
- Bowers v. Wabash R. Co. (Mo. Ct. App. 1952)
- Rainwater v. Chicago, R. I. & P. Ry. Co. (La. 1945)
- Patsaw v. Kansas City Southern Ry. Co. (District Court, W.D. Louisiana 1944)
- Gulf M. N.R. Co. v. Madden (Miss. 1941)
- Rader v. Baltimore & O. R. Co. (7th Cir. 1940)
- Wood v. Central Sand & Gravel Co. (District Court, W.D. Tennessee 1940)
- Pennsylvania Railroad v. Reeley (Md. 1940)
- Louisville & N. R. Co. v. Brittain (5th Cir. 1937)
- Thompson v. St. Louis-San Francisco Ry. Co. (United States District Court, Oklahoma Northern 1934)
- Hallstein v. Pennsylvania R. Co. (6th Cir. 1929)
- Peterson v. L. R. & N. Co. (La. Ct. App. 1929)
- Southern Pacific Co. v. Ind. Comm. of Utah (Utah 1927)
- Delaware, L. & W. R. Co. v. Scales (2d Cir. 1927)
- Conway v. Southern Pac. Co. (Utah 1926)
- Baltimore & O. R. v. Darling (6th Cir. 1925)
- Saxton v. El Paso & Southwestern Railroad (Ariz. 1920)
- Moser v. Union Pacific Railroad (Idaho 1944)
- Prader v. Pennsylvania Railroad Company (Ind. Ct. App. 1943)
- Lawrence v. Rutland Rail. Co. (Vt. 1942)
- DeLong v. Maine Central Railroad (Me. 1939)
- Mahon v. Lackawanna & Wyoming Valley Railroad (Pa. Super. Ct. 1938)
- Brown v. Lehigh Valley R.R. Co. (Pa. Super. Ct. 1936)
- Martin v. Central R.R. Co. (N.J. 1935)
- Atchison, T. & S. F. Ry. Co. v. Ford (Okla. 1935)
- Bordelon v. N. O. Terminal Co. (La. Ct. App. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
Lewis M. Porter, a section-man,, was struck and instantly killed by plaintiff in error’s engine attached to a passenger train and moving along the main track. The Appellate Division affirm.ed ah award;in behalf of his *169 widow and children under the New York Workmen’s Compensation Law.
If the deceased was employed in interstate commerce when the accident occurred, consequent rights and liabilities arose under the Federal Employers’ Liability Act and the state statute did not apply. New York Central R. R. Co. v. Winfield, 244 U. S. 147; Erie R. R. Co. v. Winfield, 244 U. S. 170.
The evidence showed and the State Workmen’s Compensation Commission found: “Lewis M. Porter resided at Camden, N. Y., and upon the date of the accident, December 17, 1914, was in the employ of The New York Central Railroad Company as a laborer. On said date, while engaged in. shoveling. snow upon the premises of The New York Central Railroad Company between the west bound track and a platform near the intersection of said tracks and Mexico Street in the Village of Camden, he-was struck by the engine of a passenger train known as train No. 49, which was proceeding northerly on the west bound' track, receiving injuries from which he died immediately. ' The tracks of The New York Central Railroad Company at the point where the deceased was working, were used for the purpose of transporting both interstate and intrastate cars and both interstate and intrastate commerce.”
Considered in connection with our opinions in Pedersen v. Delaware, Lackawanna & Western R. R. Co., 229 U. S. 146; Southern Ry. Co. v. Puckett, 244 U. S. 571, and cases there cited, we think the circumstances here presented make it . quite clear that when killed Porter was employed in interstate commerce. Accordingly, the judgment-below must.be reversed .and the cause remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.