Chesapeake & Ohio Railway Co. v. Gainey
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. The facts, which involve the application of the Seventh Amendment to eases in the state court under the Employers’ Liability Act, the construction of that act, and the validity of a/ judgment thereunder, are stated in the opinion. Complaint that certain phraseology used in the measure of damage instruction was misleading is without merit, because it is evident that plaintiff in error was not prejudiced thereby.
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ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. The facts, which involve the application of the Seventh Amendment to eases in the state court under the Employers’ Liability Act, the construction of that act, and the validity of a/ judgment thereunder, are stated in the opinion. Complaint that certain phraseology used in the measure of damage instruction was misleading is without merit, because it is evident that plaintiff in error was not prejudiced thereby. Present cash value theory is not correct in principle and has never been sanctioned by the Supreme Court of the United States or…
1Opinion of the CourtJustice Pitney
This was an action under the Employers’ Liability Act of Congress of April 22, 1908, as amended April 5, 1910 (c. 149, 35 Stat. 65; c. 143, 36 Stat. 291). It was brought to recover damages for the death of Richard Dwyer, caused by the negligence of the railroad company, while he was in its employ in interstate commerce. The sole beneficiary was decedent's widow, who originally qualified as administratrix and brought the action, but has died since the allowance of the present writ of error.
Laying aside a contention based upon the Seventh Amendment to the Federal Constitution, which has been…
2Cited by33 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Gulf, Colorado & Santa Fe Railway Co. v. MoserSupreme Court of the United States · 1927
- Louisville & Nashville Railroad v. HollowaySupreme Court of the United States · 1918
- Hiatt v. YerginIndiana Court of Appeals · 1972
- Mellon v. GoodyearSupreme Court of the United States · 1928
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