Southern Railway-Carolina Division v. Bennett
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA. The facts, which involve the construction of the Federal Employers’ Liability Act and the validity of a verdict and judgment thereunder,.are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA. The facts, which involve the construction of the Federal Employers’ Liability Act and the validity of a verdict and judgment thereunder,.are stated in the opinion. Under the Federal Employers’ Liability Act there is no presumption of negligence entering into the obligation, and it was the duty of the plaintiff, in an action brought by the servant against the master, to show affirmatively that improper appliances were used and that the defects insisted upon caused the accident through the negligence of the master. Tex. & Pac. Ry. Co.…
1Opinion of the CourtJustice Holmes
This is an action under the Employers’ Liability Act of April 22,1908, c. 149, 35 Stat. 65, for causing the death of the plaintiff’s intestate: ’ The plaintiff got a verdict for $25,000, on which the eourt ordered judgment upon the plaintiffs remitting $5000. Exceptions were taken but the judgment was affirmed by the Supreme Court of the State. 79 S. E. Rep. 710. The exceptions related to the instructions of the court on the matter of liability and to the entering of judgment upon a verdict alleged to be excessive. As to rulings of the former class we have indicated that when the statute is…
2Cases cited4 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Lincoln v. PowerSupreme Court of the United States · 1894
- Herencia v. GuzmanSupreme Court of the United States · 1911
- Bennett v. Southern RailwaySupreme Court of South Carolina · 1913
3Cited by122 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Jesionowski v. Boston & Maine RailroadSupreme Court of the United States · 1947
- New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
- Solomon Dehydrating Company, Incorporated v. Clarence R. Guyton, Central Greyhound Lines, Incorporated, and the Greyhound CorporationCourt of Appeals for the Eighth Circuit · 1961
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