Winfree v. Northern Pacific Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of thé Employers’ Liability Act of 1908 and whether it had a retroactive effect, are stated in the opinion. The act was retroactive. It is a remedial measure, designed to supply a remedy for wrongs for which the law had' offered no adequate redress or, an in the case at bar, no redress whatever.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of thé Employers’ Liability Act of 1908 and whether it had a retroactive effect, are stated in the opinion. The act was retroactive. It is a remedial measure, designed to supply a remedy for wrongs for which the law had' offered no adequate redress or, an in the case at bar, no redress whatever. If the meaning of the statute were doubtful, judicial construction ought not to lean- towards the wrongdoer but should rather give the benefit of the. doubt to the victims of the wrong. There is no…
1Opinion of the Court
Mr! Justice McKenna
delivered the opinion of the court.
This action was brought in the Circuit Court of the United States for the Eastern District of Washington, Eastern Division, by plaintiff in error (herein referred to as plaintiff) as administrator of the estate of Albert E. Phipps, deceased, against defendant in error (herein referred to as defendant) for the wrongful death, it is alleged, of Albert E. Phipps, a minor, of the age of eighteen years and five months, while acting as fireman upon a freight locomotive of the defendant in the State of Washington. The negligence of defendant is…
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