Renn v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at June Term, 1915, of Wake. Action to recover damages for personal injury caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant..
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Appeal by defendant from Daniels, J., at June Term, 1915, of Wake. Action to recover damages for personal injury caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant.. Tbe original complaint is as follows: 1. Tbat be is, and at tbe times hereinafter mentioned was, a resident of "Wake County, North Carolina. 2. Tbat tbe defendant is, and at tbe times hereinafter mentioned was, a corporation existing and doing business under tbe laws of tbe State of North Carolina, and was operating a line of railroad in tbe State of North Carolina and in tbe State of Virginia, and elsewhere. 3.…
1DissentBeowet, J.
Tbe original complaint in tbis case does not state a cause of action under tbe Federal Employers’ Liability Act. Tbe argument tbat it does state sucb a cause of action is tbe same argument advanced in tbe first employers’ liability case, Howard v. R. R., 207 U. S., 463, and was rejected by tbe United States Supreme Court. It was beld tbat tbe Federal Employers’ Liability Act of 1906 was unconstitutional because it embraced all of tbe employees of a carrier engaged in interstate commerce, wbetber tbe employees were employed in sucb commerce at tbe time of their injury or not. Congress tben…
2Cases cited39 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
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