Legal Opinion

Mayers v. Union Railroad

Supreme Court of Pennsylvania

Decided February 19, 1917No. Appeal, No. 92PublishedCited by 14 opinions

Appeal, No. 92, Oct. T., 1916, by defendant, from judgment of C. P. Allegheny Co., July T., 1914, No. 1862, on verdict for plaintiff, in case of Nick A. Mayers v. The Union Railroad Company. Trespass to recover damages for personal injuries. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $7,402.50 and judgment thereon. Defendant appealed. Errors assigned were answers to points and instructions to the jury.

1Opinion of the Court

Per Curiam,

If tbe Federal Employers’ Liability Act does not apply to the facts in tbis case, tbe plaintiff is not entitled to recover. Tbe learned court below was of opinion that it did apply, under our cases, and sustained a verdict against tbe defendant. Tbe question is a federal one, and tbe decision of State courts as to tbe application of tbe act of congress to any particular case must yield to those of the Supreme Court of the United States. In view of its latest utterance, in an opinion by Mr. Justice Holmes, filed January 8, 1917, in The Minneapolis & St. Louis R. R. Co. v. Winters,…

2Cases cited1 opinion

  1. Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917

3Cited by14 opinions

  1. Elder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935
  2. Gasser v. Central Railroad Co. of New JerseySuperior Court of Pennsylvania · 1933
  3. Mease v. Reading Co.Superior Court of Pennsylvania · 1937
  4. Mason v. Reading CompanySuperior Court of Pennsylvania · 1937
  5. Brown v. Lehigh Valley R.R. Co.Superior Court of Pennsylvania · 1936

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