Norfolk & Western Railway Co. v. Earnest
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. The facts, which involve the liability of a railroad for personal injuries sustained by one of its employés while both were engaged, in interstate commerce, and tljue construction of the provisions of the Employers’ Liability Act of 1908 in regard to contributory negligence, are stated in' the opinion.
1Opinion of the CourtJustice Van Devanter
This was an action against a railroad company to recover for personal injuries sustained by an employé while both were engaged in' interstate commerce. The plaintiff secured a verdict and judgment in the "Circuit Court, and the defendant sued out this direct writ of error, claiming that the Employers’ Liability Act of April 22, 1908, 35 Stat 65, c. 149, upon which the right of action was based, was repugnant to the Constitution of the United States. After the writ of error was allowed, our decision in Second Employers’ Liability Cases, 223 U. S. 1, settled the constitutional questions in…
2Cases cited4 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- McDermott v. SevereSupreme Court of the United States · 1906
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
3Cited by185 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- United States v. MantonCourt of Appeals for the Second Circuit · 1938
- Boyd v. United StatesSupreme Court of the United States · 1926
- Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938
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