Grand Trunk Western Railway Co. v. Lindsay
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. ■ The facts, which involve the construction of the Employers’ Liability Act of 1908 and the validity of a judgment for personal injuries obtained thereunder, are stated in the opinion, The Circuit Court of Appeals erred in' affirming the judgment below upon a, theory other and different from that upon which the case was tried.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. ■ The facts, which involve the construction of the Employers’ Liability Act of 1908 and the validity of a judgment for personal injuries obtained thereunder, are stated in the opinion, The Circuit Court of Appeals erred in' affirming the judgment below upon a, theory other and different from that upon which the case was tried. The Circuit Court of Appeals apparently conceded that upon the theory upon which the judgment .was obtained it was erroneous and should be reversed. Under either, the theory adopted by the trial court or the…
1Opinion of the CourtChief Justice White
The right of the plaintiff who is defendant in error here to recover for an alleged personal injury, was stated in two counts. In both, the wrong was alleged to have been occasioned by the negligence of the railway company, while it was engaged in carrying on interstate commerce and while the plaintiff was employed by it in such commerce. In the first count, however, the act of Congress known as the Safety Appliance Act was expressly declared on. For the purposes of the writ of error which was prosecuted by the railroad company from the Circuit Court of Appeals, numerous assignments of error…
2Cases cited4 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- 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. DuvallSupreme Court of the United States · 1912
3Cited by158 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
- Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
- Great Northern Railway Co. v. OtosSupreme Court of the United States · 1915
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