Legal Opinion

Chesapeake & Ohio Railway Co. v. Kelly

Supreme Court of the United States

Decided June 5, 1916No. 321PublishedCited by 460 opinions

ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. The facts, which involve the application of the Seventh Amendment to cases in the state, court under the Employers’ Liability Act, the construction and application of that Act, and the validity of a judgment in an action thereunder, are stated in the opinion. The verdict was sustained by the preponderance of evidence.

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ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. The facts, which involve the application of the Seventh Amendment to cases in the state, court under the Employers’ Liability Act, the construction and application of that Act, and the validity of a judgment in an action thereunder, are stated in the opinion. The verdict was sustained by the preponderance of evidence. Civil Code (Ky.), §§ 340-341; Hurt v. L. & N. R. R., 116 Kentucky, 553; L. & N. R. R. v. Chambers, 165 Kentucky, 703. Instruction B offered by plaintiff in error was erroneous. Railroad Co. v. Steinburg, 17 Michigan, 99; 60…

1Opinion of the CourtJustice Pitney

In this action, which was founded upon the Employers’ Liability Act of Congress of April 22, 1908 (c. 149, 35 Stat. 65), as amended by act of April 5, 1910 (c. 143, 36 Stat. 291), defendant in error, as administratrix' of Matt Kelly, deceased, recovered a judgment in the Mont gomery Circuit Court for damages because of the death of the intestate while employed by plaintiff in error in interstate commerce. The verdict was for $19,011, which was apportioned among the widow and infant children of the deceased, excluding a son who had attained his majority. The Court of Appeals of Kentucky…

2Cases cited13 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  3. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  4. Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
  5. The BaltimoreSupreme Court of the United States · 1869

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3Cited by460 opinions

  1. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  2. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  3. Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
  4. Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
  5. St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985

455 more not listed; retrieve them via the Exa API.

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