Torts Keyed to Prosser
New York Central Railroad Company v. Winfield
Plaintiff sustained personal injury while engaged in the service of New York Central Railroad Company (Defendant). The Defendant was engaged in interstate commerce as a common carrier and Plaintiff was an employee of the Defendant. The personal injury was a result of one of the ordinary risks of the work in which Plaintiff was engaged. After the injury, Plaintiff sought recovery under the state Workers’ Compensation law. Plaintiff was awarded damages for his injuries under this law. Defendant appealed the award. The award was affirmed. Defendants argue that no award could be made to Plaintiff under state law because another federal law, the Employers Liability Act of Congress, addressed the same issues, should apply instead.
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