Andrews v. Virginian Railway Co.
Supreme Court of the United States
ERROR TO THE ROANOKE COUNTY CIRCUIT COURT, STATE OF VIRGINIA. To recover for the wrongful death of Andrews, a locomotive engineer in the employ of the defendant in error, the plaintiff in error, the representative of his estate, commenced this suit in April, 1914. Both the Employers’ Liability Act and the act of Congress providing for the inspection of boilers of locomotives were alleged.
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ERROR TO THE ROANOKE COUNTY CIRCUIT COURT, STATE OF VIRGINIA. To recover for the wrongful death of Andrews, a locomotive engineer in the employ of the defendant in error, the plaintiff in error, the representative of his estate, commenced this suit in April, 1914. Both the Employers’ Liability Act and the act of Congress providing for the inspection of boilers of locomotives were alleged. Act of April 22, 1908, c. 149, 35 Stat. 65; Act of February 17, 1911, c. 103, 36 Stat. 913. On October 12,1914, there was a judgment ón a verdict in favor of the plaintiff. A writ of error having been…
1Opinion of the Court
Mr. Chief Justice White,
after making the foregoing statement of case, court.
At the threshold, there arises a question of our juris'diction which we may not overlook and which we must therefore decide. The question is, has this court power by writ of error to review the judgment below; or, in other words, is the r authority of the court to review that judgment confined by the Act of September 6, 1916, c. 448, 39 Stat. 726,. to the right to do so by certiorari in the mode and time provided by that act? Considering the subject only from the character of the controversy, it is indisputable that…
2Cited by20 opinions
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- Morse v. United StatesSupreme Court of the United States · 1926
- Southland Industries, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
- Dávila v. CollazoSupreme Court of Puerto Rico · 1936
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