Koons v. Philadelphia & Reading Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 4, May T., 1921, by plaintiffs, from judgment of O. P. Dauphin Co., June T., 1916, No. 410, for defendant n. o. v., in case of John L. Koons et ux. v. Philadelphia & Reading Railway Co. Trespass for death of plaintiff’s son. The opinion of the Supreme Court states the facts.
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Appeal, No. 4, May T., 1921, by plaintiffs, from judgment of O. P. Dauphin Co., June T., 1916, No. 410, for defendant n. o. v., in case of John L. Koons et ux. v. Philadelphia & Reading Railway Co. Trespass for death of plaintiff’s son. The opinion of the Supreme Court states the facts. At the trial before McCarrell, J., the jury returned a verdict for plaintiffs for $1,690. Subsequently, the court, in an opinion by Hargest, P. J., entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned, among others, was judgment, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Appellants’ position is that deceased was not engaged in interstate commerce at the time of the accident that resulted in his death. The test seems to be, In what was defendant company’s instrumentality of transportation engaged at the time the employee received his injury? There are no degrees of such interstate engagements; one car in such service makes the whole train subject thereto. “One element of interstate commerce......determines the remedy”: R. R. v. Polk, U. S. Supreme Court (not yet reported). As the federal law supersedes the state law, so do acts…
2Cases cited9 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- 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
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- Howard v. Mobile Ohio Railroad Co.Supreme Court of Missouri · 1934
- O'Donnell v. Director GeneralSupreme Court of Pennsylvania · 1922
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