Erie Railroad v. Welsh
Ohio Supreme Court
Error to-the Circuit Court of Mahoning county. The defendant in error, James. T. Welsh, recovered a judgment, in the common pleas court of Ma-honing county for damages on account of personal injuries received by him while working as a. yard conductor in the Brier Hill yards at Youngstown, Ohio. This judgment was affirmed by the circuit court, and this proceeding in error is here prosecuted to reverse the judgments of the circuit and common pleas courts.
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Error to-the Circuit Court of Mahoning county. The defendant in error, James. T. Welsh, recovered a judgment, in the common pleas court of Ma-honing county for damages on account of personal injuries received by him while working as a. yard conductor in the Brier Hill yards at Youngstown, Ohio. This judgment was affirmed by the circuit court, and this proceeding in error is here prosecuted to reverse the judgments of the circuit and common pleas courts. The petition avers that the Erie Railroad Company maintained switches, operated by means of wires running along through the yards under and…
1Opinion of the CourtDonahue, J.
An act of congress, in so far as it covers any subject-matter upon which congress has the right to legislate, supersedes the statutes of a state, and, therefore, if the defendant in error was at the time he sustained the injuries described *84in his petition engaged in interstate commerce, then the federal employers’ liability act of 1908 applies to this case, and the provisions of that act entirely supersede the state statutes in relation to the rights and liabilities of the parties to this suit.
The principal question presented by this record is a question of fact rather than law. It is claimed…
2Cases cited5 opinions
- Chicago, Indianapolis & Louisville Railway Co. v. BarnesIndiana Supreme Court · 1905
- Kansas City, Memphis & Birmingham Railroad v. FlippoSupreme Court of Alabama · 1903
- Chicago & Erie Railroad v. HamerickIndiana Court of Appeals · 1911
- L. & N. R. R. Co. v. ScottCourt of Appeals of Kentucky · 1909
- Brinkmeier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1909