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Osborne v. Gray, 241 U.S. 16 (1916)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Osborne v. Gray, 241 U.S. 16 (1916)
Osborne v. Gray No. 373 Argued April 3, 1916 Decided April 17, 1916 241 U.S. 16
ERROR TO THE SUPREME COURT OF TENNESSEE
Syllabus
In an action by representatives of an employee for his death, from negligence of an interstate carrier by rail, defendants are entitled to insist upon the applicable federal Law as the exclusive measure of liability, whether plaintiff presents his case under the federal or state law.
In the absence of a showing bringing the injury within the federal act, the question whether the declaration permits a recovery at common law is a state, and not a federal, question.
Where there is no evidence showing that the deceased was engaged in interstate commerce when killed, the court cannot supply the deficiency by taking judicial notice of that fact,basing its knowledge on facts such as that the location of the accident was near the border of the state and the direction from which the cars came.
An interstate carrier, defendant in an action for death of an employee, is bound to know the actual movement of its trains and whether they were interstate, and if it fails to inform the court on this point, it cannot complain that it is deprived of a federal right because the court does not take judicial notice of facts bearing thereon.
The facts, which involve the validity of a verdict under the Employers’ Liability Act, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Osborne v. Gray, 241 U.S. 16 (1916) in 241 U.S. 16 241 U.S. 18. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4TRQ2X1ZITF383S.
MLA: U.S. Supreme Court. "Syllabus." Osborne v. Gray, 241 U.S. 16 (1916), in 241 U.S. 16, page 241 U.S. 18. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4TRQ2X1ZITF383S.
Harvard: U.S. Supreme Court, 'Syllabus' in Osborne v. Gray, 241 U.S. 16 (1916). cited in 1916, 241 U.S. 16, pp.241 U.S. 18. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4TRQ2X1ZITF383S.
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