Hartel, Adm'x v. Long Island R.R. Co., 414 U.S. 980 (1973). · Go Syfert
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Hartel, Adm'x v. Long Island R.R. Co., 414 U.S. 980 (1973). Cases Citing This Book View Copy Cite
118 citation events across 41 distinct courts.
Strongest positive: Burns v. Penn Central Company (ca2, 1975-07-01)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Burns v. Penn Central Company
2d Cir. · 1975 · confidence medium
One member of the Hartel panel vigorously so argued, 476 F.2d 462 at 466-67 (Hays, J., dissenting), and two members of the Supreme Court, dissenting from the Supreme Court's denial of certiorari in Hartel, have since voiced a similar view, 414 U.S. 980 at 980-82, 94 S.Ct. 273 (Douglas & Brennan, JJ., dissenting).
discussed Cited as authority (rule) Burns v. Penn Central Co.
2d Cir. · 1975 · confidence medium
One member of the Hartel panel vigorously so argued, 476 F.2d 462 at 466-67 (Hays, J„ dissenting), and two members of the Supreme Court, dissenting from the Supreme Court’s' denial of certiorari in Hartel, have since voiced a similar view, 414 U.S. 980 at 980-82, 94 S.Ct. 273 (Douglas & Brennan, JJ., dissenting).
discussed Cited "see" United States v. Carol Y. Yates
D.C. Cir. · 1990 · signal: see · confidence high
See United States v. Moore, 486 F.2d 1139, 1158 (D.C.Cir.) (en banc) (plurality opinion) (rejecting the assertion that "punishment of addict possessors is neither a reasonable nor a necessary means to achieve [the] goal" of reconciling the need to eliminate drug traffic with the need to rehabilitate addicts), cert. denied, 414 U.S. 980 (1973).
cited Cited "see" United States v. Henry Edgar Johnson
D.C. Cir. · 1988 · signal: see · confidence high
See United States v. Moore, 486 F.2d 1139 (D.C.Cir.), cert. denied, 414 U.S. 980 (1973).
cited Cited "see" State v. Jones
Conn. · 1987 · signal: see · confidence high
See United States v. Cobbs, 481 F.2d 196,199 (3d Cir.), cert. denied, 414 U.S. 980 , 94 S. Ct. 298 , 38 L.
discussed Cited "see" United States v. Shorter
D.D.C. · 1985 · signal: see · confidence high
See United States v. Moore, 486 F.2d 1139, 1147 (D.C.Cir.), cert. denied, 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed.2d 224 (1973) (concurring opinion of three judges) (narcotics addiction is not a defense to prosecution for possession of heroin); 15 United States v. Lyons, 731 F.2d 243, 245 (5th Cir.), cert. denied, — U.S. -, 105 S.Ct. 323 , 83 L.Ed.2d 260 (1984) (narcotics addiction, without more, raises no issue of mental disease that can be used as a defense to prosecution for narcotics offenses).
discussed Cited "see" State v. Johnson
La. · 1983 · signal: see · confidence high
See United States v. Cobbs, 481 F.2d 196 (3 Cir., 1973), cert. denied 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed.2d 224 (1973); United States v. Springer, 460 F.2d 1344 (7 Cir., 1972), cert. denied 409 U.S. 873 , 93 S.Ct. 205 , 34 L.Ed.2d 125 (1972); and Coughlan v. United States, 391 F.2d 371 (9 Cir., 1968), cert. denied 393 U.S. 870 , 89 S.Ct. 159 , 21 L.Ed.2d 139 (1968).
cited Cited "see" Halbert D. Brooks v. Washington Terminal Company
D.C. Cir. · 1979 · signal: see · confidence high
See Hartel v. Long Island Railroad, 476 F.2d 462, 464 (2d Cir.), cert. denied, 414 U.S. 980 , 94 S.Ct. 273 , 38 L.Ed.2d 224 (1973).
discussed Cited "see" Commonwealth v. Lumley
Mass. · 1975 · signal: see · confidence high
See Commonwealth v. Ryles, 363 Mass. 674, 676 (1973), cert. den. 414 U. S. 980 (1973); Commonwealth v. Rodriquez, 364 Mass. 87, 92-93 (1973); Commonwealth v. Bumpus, 365 *215 Mass. 66, 67 (1974); Commonwealth v. Pinckney, 365 Mass. 70, 73 (1974).
examined Cited "see" United States v. Barker (3×) also: Cited "see, e.g."
D.C. Cir. · 1975 · signal: see · confidence high
See United States v. Moore, 158 U.S.App.D.C. 375 , 486 F.2d 1139, 1260 (D.C.Cir.), cert. denied, 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed. 224 (1973) (Bazelon, C.
discussed Cited "see, e.g." United States v. McOmber
cma · 1976 · signal: compare · confidence low
Compare Coughlan v. United States, supra, and Mathies v. United States, supra, with United States v. Cobbs, 481 F.2d 196 (3d Cir. 1973), cert. denied, 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed.2d 224 (1973), and Reinke v. United States, 405 F.2d 228 (9th Cir. 1968).
cited Cited "see, e.g." CHEN
BIA · 1975 · signal: see also · confidence low
See also United States v. Cobb, 481 F.2d 196 (C.A. 3, 1973), cert. denied, 414 U.S. 980 (1973).
discussed Cited "see, e.g." United States v. Bernard L. Barker, A/K/A Frank or Fran Carter, United States of America v. Eugenio R. Martinez, A/K/A Gene or Jene Valdes, United States of America v. Frank A. Sturgis, A/K/A Frank Angelo Fiorini, A/K/A Edward J. Hamilton,a/k/a Joseph Dialberto or D'alberto, United States of America v. Virgilio R. Gonzalez, A/K/A Raul or Raoul Godoy or Goboy (2×)
D.C. Cir. · 1975 · signal: compare · confidence low
Compare United States v. Moore, 158 U.S.D.C. 375, 486 F.2d 1139, 1181-85 , cert. denied, 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed.2d 224 (1973) (Leventhal, J.) with United States v. Dougherty, 154 U.S.App.D.C. 76 , 473 F.2d 1113 (1972) (Leventhal, J.).
discussed Cited "see, e.g." United States v. Lloyd Eugene Crook (2×)
3rd Cir. · 1974 · signal: see, e.g. · confidence low
See, e.g., United States v. Cobbs, 481 F.2d 196, 200 (3d Cir.), cert. denied, 414 U.S. 980 , 94 S.Ct. 298 , 38 L.Ed.2d 204 (1973).
Retrieving the full opinion text from the archive…
Audrey S. Hartel, Etc.
v.
the Long Island Railroad Company
72-1578.
Supreme Court of the United States.
Dec 10, 1973.
414 U.S. 980
Douglas, Brennan.
Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, with whom Mr. Justice BRENNAN concurs, dissenting.

Lead Opinion

C. A. 2d Cir. Certiorari denied.

Dissent

Mr. Justice Douglas, with whom Mr. Justice Brennan concurs,

dissenting.

Petitioner’s husband, a ticket agent of the respondent railroad, was required to open the ticket office of the Mineóla, Long Island, station in the early hours of a Sunday morning. In order to open the steel shutter covering the ticket window it was necessary to leave the security of the ticket office and enter the passenger waiting room. Since there was no peephole in the shutter or in the door leading to the waiting room, there was no way for the agent to view the waiting room from the[*981] ticket office. Upon entering the waiting room, petitioner’s husband encountered armed robbers who shot and killed him. Petitioner brought this suit to recover damages under the Federal Employers’ Liability Act, 35 Stat. 65, as amended, 45 U. S. C. § 51 et seg.

In Lillie v. Thompson, 332 U. S. 459, this Court held that the Act provides relief for breach by a railroad of its duty to protect employees from foreseeable third-party assaults. In order to demonstrate foreseeability in this case, petitioner offered to prove 10 robberies or attempted robberies at respondent’s stations located between five and 30 miles of the Mineóla station. All had occurred within four years, and two occurred in the month immediately preceding the Mineola holdup. Petitioner further offered to prove communications between the ticket agents’ union and respondent relating the dangers of armed robbery and requesting the installation of peepholes and silent alarms. Since none of the prior robberies occurred at the Mineóla station and none of the union communications made specific reference to the dangers at that particular station, the evidence was excluded.

After finding that petitioner had “introduced no evidence showing that [respondent] should have reasonably foreseen the possibility of a holdup at the Mineola Station,” the District Court granted respondent’s motion for a directed verdict. 356 F. Supp. 1192, 1194.

As this Court has repeatedly pointed out, Congress expressed a strong preference for jury determinations of actions arising under the Act. See Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 508. When the evidence is viewed in the light most favorable to petitioner, I conclude that a fair-minded juror could well conclude that failure to provide a peephole was negligence and that this negligence played some part in the agent’s[*982] death. The District Court thus erred in taking this case from the jury. Gallick v. B. & O. R. Co., 372 U. S. 108; Rogers v. Missouri Pacific R. Co., supra.

The District Court also erred in disallowing evidence which tended to establish respondent’s knowledge of the hazards which ticket agents faced. Whether it was reasonable for respondent to refrain from implementing safety suggestions at the Mineóla station until the wave of robberies reached that station was for the jury to determine. The evidence of robberies at other stations and of union warnings about the dangers of robberies was relevant to that determination.-

I would vacate the judgment below and remand for a new trial.