Chicago & Alton R. Co. v. Wagner, 239 U.S. 452 (1915)

Chicago & Alton Railroad Company v. Wagner

No. 375

Submitted November 29, 1915
Decided December 20, 1915
239 U.S. 452

ERROR TO TEE SUPREME COURT

OF THE STATE OF ILLINOIS

Syllabus

Section 5 of the Employers’ Liability Act has no application to releases given to those who are not employers. Robinson v. Balt. & Ohio R. Co., 237 U.S. 84.

Where one of two carriers, joint tortfeasors, is the employer and obtain from an employee who was injured in interstate commerce a release which is invalid under § 5 of the Employers’ Liability Act, there is no denial of federal right by a state court in holding that such release is also invalid as against the other joint tortfeasor and does not operate to release the latter from liability beyond the right to set off the amount contributed by the employing carrier to the amount recovered by the plaintiff.

265 Ill. 245 affirmed.

The facts, which involve the construction and application of § 5 of the Employers’ Liability Act of 1908 and the validity of a judgment for damages for injuries of a railroad employee, are stated in the opinion.