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Kelley Vs. Southern Pacific Co.
Cites for this judgment
- US Supreme Court
- Dec 23, 1974
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Kelley v. SouthernSearch
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Pacific Co. - 419 U.S. 318 (1974) U.S. Supreme Court Kelley v. SouthernSearch
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Pacific Co., 419 U.S. 318 (1974) Kelley v. SouthernSearch
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reversed, 486 F.2d 1084 (1973), creating an apparent conflict with a previous decision of the Fourth Circuit, Smith v. NorfolkSearch
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See United States v. UnitedSearch
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applied an erroneous legal standard in holding that the plaintiff was within the reach of the FELA. United States v. SingerSearch
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has been proof of a master-servant relationship between the plaintiff and the defendant railroad. See Robinson v. BaltimoreSearch
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Hull v. PhiladelphiaSearch
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Baker v. TexasSearch
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Linstead v. ChesapeakeSearch
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Williams v. PennsylvaniaSearch
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Schroeder v. PennsylvaniaSearch
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by the railroad. In Robinson v. BaltimoreSearch
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caused his death, or whether he Page 419 U. S. 329 was an independent contractor. Chicago, R I. & P. R. Co. v. BondSearch
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Id. at 240 U. S. 456 . In Bond, the Court relied on the earlier decision in Standard Oil Co. v. AndersonSearch
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Id. at 212 U. S. 222 . Cf. Page 419 U. S. 330 Denton v. YazooSearch
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and the accommodation that is obviously required in a large and necessarily coordinated operation. See Del Vecchio v. PennsylvaniaSearch
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Page 419 U. S. 331 The factual setting of Baker v. TexasSearch
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Very similar fact situations have arisen in a number of federal and state cases. E.g., Tarboro v. ReadingSearch
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Mazzucola v. PennsylvaniaSearch
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Cimorelli v. NewSearch
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Thornton v. NorfolkSearch
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Hunter v. Missouri-Kansas-TexasSearch
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Fawcett v. MissouriSearch
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Valentine v. SouthSearch
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Waters v. ChicagoSearch
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Turpin v. ChicagoSearch
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Drago v. CentralSearch
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A year later, in Ward v. AtlanticSearch
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automatically render anyone who performed those tasks an employee of the railroad for FELA purposes. See Norman v. Spokane-PortlandSearch
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The Court in Shenker v. BaltimoreSearch
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Ohio R. Co., 374 U. S. 1 (1963), applied the analysis of Standard Oil Co. v. AndersonSearch
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Id. at 374 U. S. 6 (footnote omitted). Accord, Hull v. PhiladelphiaSearch
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Reading R. Co., 252 U. S. 475 , 252 U. S. 479 -480 (1920). In Linstead v. ChesapeakeSearch
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of assumption of risk was, for the most part, held to be still available to the employer. Seaboard Air Line R. Co. v. HortonSearch
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See Great Northern R. Co. v. WilesSearch
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The result was a more liberal view of the Act which did not provide the employer with so many defenses. See Tiller v. AtlanticSearch
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the merits, and also on the question of whether the Court should involve itself in this area at all. See, e.g., Rogers v. MissouriSearch
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give this requirement a rigid, technical content, but such an approach has been rejected by this Court. In Baker v. TexasSearch
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Id. at 359 U. S. 228 . Ward v. AtlanticSearch
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approach based on the various aspects of the particular case presented. For example, in Missouri K-T R. Co. v. HearsonSearch
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in the conclusion that the victim was in an employment relationship with the railroad for FELA purposes. In Schroeder v. PennsylvaniaSearch
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had been employed by the railroad for FELA purposes. Many more cases of a similar nature exist. See, e.g., Byrne v. PennsylvaniaSearch
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York Central R. Co., 148 F.2d 575 (CA6 1945). But see, e.g., Fawcett v. MissouriSearch
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aff'd, 347 F.2d 233 (CA5 1965). The case most clearly in point from another Court of Appeals is Smith v. NorfolkSearch
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Id. at 502. The District Court in this case relied on the language of the Court of Appeals in Smith v. NorfolkSearch
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But this does not mean that petitioner was not also an employee of the railroad for the purposes of the FELA. In Byrne v. PennsylvaniaSearch
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language of Smith v. NorfolkSearch
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