ERIE R. CO. v. DUPLAK

No. 608.

286 U.S. 440 (1932)

ERIE RAILROAD CO. v. DUPLAK ET AL.

Supreme Court of United States.

Decided May 23, 1932.


Attorney(s) appearing for the Case

Messrs. Ralph E. Cooper and George S. Hobart, with whom Mr. Duane E. Minard was on the brief, for petitioner.

Mr. Jack Rinzler, with whom Mr. Frederic B. Scott was on the brief, for respondents.


MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

Michael Duplak, a boy five years of age, sustained personal injuries, resulting in the loss of a leg, while playing upon a railroad bridge built by petitioner over a canal in Passaic, New Jersey. The track crossing the bridge was used only for drilling freight cars — that is, for pulling them into and out from sidings. At the time of the accident the boy was resting on his right knee, looking down into...

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