Case Citator › Erie Railroad v. Szary

Erie Railroad v. Szary

Is it still good law? What later courts have actually done to this case.

Overruledin review
23 of 24 flagged citations read · 95.8%
Court
Supreme Court of the United States
Citation
253 U.S. 86
Decided
Confirmed treatments
1
Flagged citations read
23 of 24
Citing cases (total)
24
Treatment dates
1932

Status

Overruled · in review
A reviewed court has overruled this case. Erie Railroad v. Szary is still in review: 23 of 24 flagged citations have been read. In Chicago & Eastern Illinois Railroad v. Industrial Commission, the Supreme Court expressly overruled Szary's rule that the railroad worker's service was interstate commerce under the Federal Employers' Liability Act.
More on how this was screened

The confirmed treatment is listed below. The text of one citing opinion could not be retrieved, so it remains unread.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

24 later cases cite Erie Railroad v. Szary; 24 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Erie Railroad v. Szary?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Supreme Court expressly overruled Szary's holding that the worker's sand preparation and related duties counted as interstate commerce under the federal railroad injury statute.

    Chicago & Eastern Illinois Railroad v. Industrial Commission · Supreme Court of the United States · filed

    The Szary case is subject to the same criticism, since it simply followed the Collins case. Both cases are out of harmony with the general current of the decisions of this court since the Shanks case, Chicago & North Western Ry. Co. v. Bolle, ante, p. 74, and they are now definitely overruled.
    Read the full opinion on CourtListener →

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