Osborne v. Gray
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP TENNESSEE. The facts, which involve the validity of a verdict under the Employers’ Liability Act, are stated in the opinion. Where it appears either in the declaration or in the proof that the accident occurred in interstate commerce, the Act of Congress controls and, in case of death, a widow cannot recover in her own name. Wabash R. R. v. Hayes, 234 U. S. 86; Toledo &c.
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ERROR TO THE SUPREME COURT OP TENNESSEE. The facts, which involve the validity of a verdict under the Employers’ Liability Act, are stated in the opinion. Where it appears either in the declaration or in the proof that the accident occurred in interstate commerce, the Act of Congress controls and, in case of death, a widow cannot recover in her own name. Wabash R. R. v. Hayes, 234 U. S. 86; Toledo &c. R. R. v. Slavin, 236 U. S. 454. The amendment of the amended declaration amended both counts and, therefore, there was no count which did not allege interstate commerce or under which a widow…
1Opinion of the CourtJustice Hughes
This suit was brought, in the year 1908, by Jennie B. Gray to recover damages for the death of her husband who was employed in the operation of the railroad of which the.plaintiff in error and another were receivers. The original declaration sought recovery for negligence, at common law, and did not allege that the deceased was injured while engaged in interstate commerce. The plaintiff was permitted to file an additional count and this was subsequently amended so as to allege the interstate character of the employment of the deceased at the time of his injury. The action was first tried in…
2Cited by43 opinions
- Philadelphia & Reading Railway Co. v. PolkSupreme Court of the United States · 1921
- Chicago, R. I. & G. Ry. Co. v. De BordTexas Supreme Court · 1917
- Albright v. Pennsylvania R.Court of Appeals of Maryland · 1944
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
- Pennsylvania Railroad v. StallingsCourt of Appeals of Maryland · 1934
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