William Kelly v. General Electric Company

Third Circuit

William Kelly v. General Electric Company

204 F.2d 692, 1953 U.S. App. LEXIS 2497

Court of Appeals for the Third Circuit·Decided June 24, 1953·No. 11037_1·Published·Cited by 4 cases

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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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.

William Kelly v. General Electric Company, 204 F.2d 692, 1953 U.S. App. LEXIS 2497 (3d Cir. 1953).

Pincite

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Opinion

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