North Carolina Railroad v. Zachary
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. The facts, which involve the construction of the Employers' Liability Act of 1908 and its application to employés engaged in hauling interstate cars between intrastate points', and also to the owner of an intrastate railroad which it has leased to a common carrier engaged in interstate commerce, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. The facts, which involve the construction of the Employers' Liability Act of 1908 and its application to employés engaged in hauling interstate cars between intrastate points', and also to the owner of an intrastate railroad which it has leased to a common carrier engaged in interstate commerce, are stated in the opinion. On the pleadings, if there had been any evidence tending to show that the deceased was engaged in interstate service, it would have been the province of the. jury to determine that fact. Under § 527, Revisal of Nor.…
1Opinion of the CourtJustice Pitney
delivered the opinion of the court..
This action Was brought in the Superior Court of Guilford County, North Carolina, to recover damages for the negligent killing of Burgess, a locomotive fireman in the employ of the Southern Railway Company, lessee of the defendant, which occurred at Selma, North Carolina, on April 29, 1909. Under the local law,. as laid down in Logan v. Railroad, 116 Nor. Car. 940, the lessor is responsible for all acts of negligence of its lessee occurring in the conduct of business upon the lessor’s road; and this upon the ground that a railroad corporation cannot evade…
2Cases cited11 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
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3Cited by366 opinions
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- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
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