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Kelley Vs. Southern Pacific Co.

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  • US Supreme Court
  • Dec 23, 1974

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76 entries 2 linked 74 unlinked
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  1. Williams Vs. Chicago US Supreme Court · Jan 08, 1917
  2. Standard Oil Co. Vs. Anderson US Supreme Court · Feb 01, 1909
    Relied / Followed
  3. Kelley v. Southern
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  4. Pacific Co. - 419 U.S. 318 (1974) U.S. Supreme Court Kelley v. Southern
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  5. Pacific Co., 419 U.S. 318 (1974) Kelley v. Southern
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  6. reversed, 486 F.2d 1084 (1973), creating an apparent conflict with a previous decision of the Fourth Circuit, Smith v. Norfolk
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  7. See United States v. United
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  8. applied an erroneous legal standard in holding that the plaintiff was within the reach of the FELA. United States v. Singer
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  9. has been proof of a master-servant relationship between the plaintiff and the defendant railroad. See Robinson v. Baltimore
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  10. Hull v. Philadelphia
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  11. Baker v. Texas
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  12. Linstead v. Chesapeake
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  13. Williams v. Pennsylvania
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  14. Schroeder v. Pennsylvania
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  15. by the railroad. In Robinson v. Baltimore
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  16. caused his death, or whether he Page 419 U. S. 329 was an independent contractor. Chicago, R I. & P. R. Co. v. Bond
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  17. Id. at 240 U. S. 456 . In Bond, the Court relied on the earlier decision in Standard Oil Co. v. Anderson
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  18. Id. at 212 U. S. 222 . Cf. Page 419 U. S. 330 Denton v. Yazoo
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  19. and the accommodation that is obviously required in a large and necessarily coordinated operation. See Del Vecchio v. Pennsylvania
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  20. Page 419 U. S. 331 The factual setting of Baker v. Texas
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  21. Very similar fact situations have arisen in a number of federal and state cases. E.g., Tarboro v. Reading
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  22. Mazzucola v. Pennsylvania
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  23. Cimorelli v. New
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  24. Thornton v. Norfolk
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  25. Hunter v. Missouri-Kansas-Texas
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  26. Fawcett v. Missouri
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  27. Valentine v. South
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  28. Waters v. Chicago
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  29. Turpin v. Chicago
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  30. Drago v. Central
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  31. A year later, in Ward v. Atlantic
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  32. automatically render anyone who performed those tasks an employee of the railroad for FELA purposes. See Norman v. Spokane-Portland
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  33. The Court in Shenker v. Baltimore
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  34. Ohio R. Co., 374 U. S. 1 (1963), applied the analysis of Standard Oil Co. v. Anderson
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  35. Id. at 374 U. S. 6 (footnote omitted). Accord, Hull v. Philadelphia
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  36. Reading R. Co., 252 U. S. 475 , 252 U. S. 479 -480 (1920). In Linstead v. Chesapeake
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  37. of assumption of risk was, for the most part, held to be still available to the employer. Seaboard Air Line R. Co. v. Horton
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  38. See Great Northern R. Co. v. Wiles
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  39. The result was a more liberal view of the Act which did not provide the employer with so many defenses. See Tiller v. Atlantic
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  40. the merits, and also on the question of whether the Court should involve itself in this area at all. See, e.g., Rogers v. Missouri
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  41. give this requirement a rigid, technical content, but such an approach has been rejected by this Court. In Baker v. Texas
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  42. Id. at 359 U. S. 228 . Ward v. Atlantic
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  43. approach based on the various aspects of the particular case presented. For example, in Missouri K-T R. Co. v. Hearson
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  44. in the conclusion that the victim was in an employment relationship with the railroad for FELA purposes. In Schroeder v. Pennsylvania
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  45. had been employed by the railroad for FELA purposes. Many more cases of a similar nature exist. See, e.g., Byrne v. Pennsylvania
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  46. York Central R. Co., 148 F.2d 575 (CA6 1945). But see, e.g., Fawcett v. Missouri
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  47. aff'd, 347 F.2d 233 (CA5 1965). The case most clearly in point from another Court of Appeals is Smith v. Norfolk
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  48. Id. at 502. The District Court in this case relied on the language of the Court of Appeals in Smith v. Norfolk
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  49. But this does not mean that petitioner was not also an employee of the railroad for the purposes of the FELA. In Byrne v. Pennsylvania
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  50. language of Smith v. Norfolk
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