Chesapeake & Ohio Railway Co. v. Nixon

delivered the opinion of the Court. ■

" > This is a suit to recover damages for the death of the .plaintiff’s husband, the intestate, from the Railroad Company upoii. whose tracks the death occurred. The plaintiff, "(the respondent here,) obtained a. verdict arid judgment in the trial Court and upon a writ of error the judgment was .affirmed by the Supreme Court of Appeals of Virginia. 140 Va. 351. As the recovery was based- upon the Employers’ Liability -Act of April 22, 1908, c. 149, § 1, 35 Stat. 65, the death having occurred in interstate commerce, a writ of certiorari was granted by this…