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(B) CONSTITUTIONS AND STATUTES OF THE STATES.

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1899, July 29, 32 Stat. 1803, 1811 (Hague Convention)........ 203

1933, Dec. 26, 49 Stat. 3111 (Pan American Convention-Extra

dition)

699-272 O-63-4

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CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES

AT

OCTOBER TERM, 1962.

SHENKER v. BALTIMORE & OHIO RAILROAD CO.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE THIRD CIRCUIT.

No. 414. Argued April 17, 1963. Decided June 10, 1963. 1. The Federal District Court awarded petitioner a judgment for damages. The Court of Appeals for the Third Circuit reversed. Petitioner moved for a rehearing en banc under 28 U. S. C. § 46 (c). There were then eight active judges on the Court of Appeals. Four voted to grant the rehearing, two voted to deny it, two abstained, and a rehearing was denied. Under the uniform practice of that Court, every petition for rehearing is submitted to every active member of the Court, a judge is not required to enter a formal vote on the petition, and a rehearing is not granted unless a majority of the active members of the Court vote for it. Held: Such a procedure is clearly within the scope of the discretion of the Court of Appeals under 28 U. S. C. § 46 (c), as interpreted in Western Pac. R. Corp. v. Western Pac. R. Co., 345 U. S. 247. Pp. 4-5. 2. Petitioner, an employee of respondent railroad, who was paid by it and acted solely under the supervision of its employees, sued respondent under the Federal Employers' Liability Act to recover damages for injuries sustained while loading mail onto a mail car of another railroad at a station of the latter which was managed and operated solely by respondent. The injury resulted from a defective door on the mail car in a train of the other railroad which had just arrived at the station. Under instructions that it was respondent's duty to exercise ordinary care to furnish its employees with cars on which they work equipped with reasonably safe doors, even if the cars are owned by another railroad, the

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