Chesapeake & Ohio Railway Co. v. Leitch

This is an action brought by the respondent, an engineer, to recover from the petitioner for injuries suffered by him through contact with a mail crane, or mail sack hanging from it, as he looked from the window of his engine, upon the petitioner’s road. There is no doubt that the case is governed by the Federal Employers’ Liability Act, but the respondent got a verdict in the State Court which was sustained by the Supreme Court of Appeals, 101 W. Va., 230, and the question is whether there is any sufficient distinction between this and Southern Pacific Co. v. Berkshire, 254 U. S. 415, in…