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Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953)
Pennsylvania Railroad Co. v. O’Rourke No. 60 Argued December 8, 1952 Decided January 12, 1953 344 U.S. 334
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Respondent was employed by petitioner railroad as a "freight brakeman" in its yards. His duties included work aboard petitioner’s car floats moored in navigable waters. He was injured on a car float while releasing allegedly defective hand-brakes on a freight car which was being unloaded from the car float by a switch engine.
Held: Respondent’s remedy was under the Longshoremen’s and Harbor Workers’ Compensation Act exclusively, and not under the Federal Employers’ Liability Art. Pp. 334-342.
194 F.2d 612 reversed.
Respondent’s suit under the Federal Employers’ Liability Act was dismissed by the District Court on the ground that the Longshoremen’s and Harbor Workers’ Compensation Act applied exclusively. 99 F.Supp. 506. The Court of Appeals reversed. 194 F.2d 612. This Court granted certiorari. 344 U.S. 811. Reversed, p. 342.
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Chicago:
U.S. Supreme Court, "Syllabus," Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953) in 344 U.S. 334 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=JK6XTASW9IZYJ91.
MLA:
U.S. Supreme Court. "Syllabus." Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953), in 344 U.S. 334, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=JK6XTASW9IZYJ91.
Harvard:
U.S. Supreme Court, 'Syllabus' in Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953). cited in 1953, 344 U.S. 334. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=JK6XTASW9IZYJ91.
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