Kanawha & Michigan Railway Co. v. Kerse
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF KANAWHA COUNTY, STATE OF WEST VIRGINIA. The facts, which, involve the validity of a verdict and judgment in an action for injuries under the Employers’ Liability Act, are stated in the opinion. The court erred in refusing to arrest the evidence from the jury and to direct a verdict in favor of defendant, at the close of plaintiff’s evidence, aud the court erred in refusing to'direct a verdict for defendant, at the close of all the evidence.
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ERROR TO THE CIRCUIT COURT OF KANAWHA COUNTY, STATE OF WEST VIRGINIA. The facts, which, involve the validity of a verdict and judgment in an action for injuries under the Employers’ Liability Act, are stated in the opinion. The court erred in refusing to arrest the evidence from the jury and to direct a verdict in favor of defendant, at the close of plaintiff’s evidence, aud the court erred in refusing to'direct a verdict for defendant, at the close of all the evidence. A Federal question is involved; thé burden of proving negligence is on the plaintiff; assumption of risk is available as a…
1Opinion of the CourtJustice Pitney
This was an action under the Federal Employers’ Liability Act to recover damages because of the death of one Barry, a brakeman in the.Railway Company’s yard at Charleston, West Virginia, on April 23, 1911. It was pleaded and was proved without dispute that he' received injuries resulting in his death while employed in interstate commerce by the Railway Company, admittedly a common carrier. There was a verdict in favor of the administrator, and the Supreme Court of Appeals of West Virginia refused to allow a writ of error to review the resulting judgment; hence our writ was directed to the…
2Cases cited2 opinions
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Greenleaf's Lessee v. BirthSupreme Court of the United States · 1831
3Cited by80 opinions
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- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- National Labor Relations Board v. Air Associates, Inc.Court of Appeals for the Second Circuit · 1941
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
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