Garrett v. Louisville & Nashville Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of the Employers’ Liability Act of 1908, and the right of parents to recover for death of an adult son, are stated , in the opinion. The Employers’ Liability Act should be construed in the light of its own language, and the purpose of its enactment. Congress did not have in mind the changing, of any common-law principle as the survival of an action for personal injuries.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of the Employers’ Liability Act of 1908, and the right of parents to recover for death of an adult son, are stated , in the opinion. The Employers’ Liability Act should be construed in the light of its own language, and the purpose of its enactment. Congress did not have in mind the changing, of any common-law principle as the survival of an action for personal injuries. Its purpose was to exercise its legislative power under the commerce clause of the Constitution over the relation of…
1Opinion of the CourtJustice McReynolds
This action for damages-under the Employers' Liability Act, approved April 22, 1908, c. 149, 35 Stat. 65, was originally brought in the state court March 31, 1910. It was removed to the Circuit Court of the United States, Middle District.of Tennessee, and tried there in May, 1911. The declaration contains three counts, each of which alleges that plaintiff is the administrator of T. W. Lewis, Jr., by appointment of the County Court, Stewart County, Tennessee; defendant is a Kentucky railroad corporation engaged in interstate commerce; in September, 1909, the deceased was employed as a brakeman…
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