Southern Railway Co. v. Gadd
Supreme Court of the United States
ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of the Employers’ Liability Act of 1908 as amended 1910, are stated in the opinion. The fact of injury to a servant carries with it no presumption of negligence on the part of the master, under the circumstances of this cáse. Tex. &c. R. R. Co. v. Barrett, 156 U. S. 617; Patton v. Tex. &c. R. Co., 179 U. S. 658; Looney v. Met. Ry.
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ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve the construction of the Employers’ Liability Act of 1908 as amended 1910, are stated in the opinion. The fact of injury to a servant carries with it no presumption of negligence on the part of the master, under the circumstances of this cáse. Tex. &c. R. R. Co. v. Barrett, 156 U. S. 617; Patton v. Tex. &c. R. Co., 179 U. S. 658; Looney v. Met. Ry. Co., 200 U. S. 480; Labatt’s Master & Servant (2d ed.), Art. 1604, p. 4898; G. Nor. Ry. Co. v. Johnson, 176 Fed. Rep. 328; Midland Valley R. Co. v.…
1Opinion of the CourtChief Justice White
The defendant in error on this record sued the railway company, the plaintiff in error, to recover damages for personal injuries alleged to have been suffered through its negligence. The cause of action was expressly based upon the Employers’ Liability Act, 1 it being averred that at the time of the injury the plaintiff as an employé of the defendant was assisting in the actual movement of interstate commerce transportation in which the defendant company was then engaged. The case is here on error prosecuted by the Railway Company to a judgment of the court below affirming.a judgment of the…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
- Chicago Junction Railway Co. v. KingSupreme Court of the United States · 1911
- Seaboard Air Line Railway v. MooreSupreme Court of the United States · 1913
3Cited by13 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Yazoo & Mississippi Valley Railroad v. WrightSupreme Court of the United States · 1914
- United States v. Ross R. Barnett and Paul B. Johnson, JrCourt of Appeals for the Fifth Circuit · 1963
- Easter v. Virginian Railway Co.West Virginia Supreme Court · 1915
- Donahue v. Louisville, Henderson & St. Louis Railway Co.Court of Appeals of Kentucky · 1919
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