Legal Opinion

Chesapeake & Ohio Railway Co. v. Carnahan

Supreme Court of the United States

Decided May 22, 1916No. 743PublishedCited by 48 opinions

ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA. The facts, which involve the validity of a verdict and judgment for personal injuries under the Employers’ Liability Act, are stated in the opinion.

1Opinion of the CourtJustice McKenna

Error to review a judgment in favor of defendant in error for $25,000 damages for injuries sustained through the asserted negligence of plaintiff in error.

The action was at law under the Employers’ Liability Act of Congress. April 22,1908, c. 149, 35 Stat. 65; April 5, 1910, c. 143, 36 Stat. 291. In accordance with the state law it was tried to a jury of seven. This is assigned as error. The only other assignment is upon an instruction of the court as to,the elements of damage. There is no dispute as to the fact of injury or that it was received in interstate commerce and by the negligence of…

2Cases cited3 opinions

  1. Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
  2. Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
  3. McDermott v. SevereSupreme Court of the United States · 1906

3Cited by48 opinions

  1. Jehl v. Southern Pacific Co.California Supreme Court · 1967
  2. Shelby v. Williams and Horney Livestock, Incorporated v. Joseph E. NicholsCourt of Appeals for the Fourth Circuit · 1959
  3. James Sinclair v. Long Island RailroadCourt of Appeals for the Second Circuit · 1993
  4. Lahti v. McMenaminCalifornia Supreme Court · 1928
  5. Harp v. Illinois Central Gulf RailroadAppellate Court of Illinois · 1977

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