Louisville & Nashville R. Co. v. Stewart, 241 U.S. 261 (1916)

Louisville & Nashville Railroad Company v. Stewart

Nos. 485

, 904

Argued April 19, 20, 1916
Decided May 22, 1916
241 U.S. 261

ERROR TO THE COURT OF APPEALS

OF THE STATES OF KENTUCKY

Syllabus

A verdict and judgment thereon in a state court in a suit by an administrator under the Employers’ Liability Act, based on an instruction that the jury should find, if anything, such a sum as will fairly compensate the intestate’s estate for his death, and which has been set aside for error of such instruction by the state appellate court, cannot be reinstated by this Court on a writ of error to the appellate court of the state after judgment for a lesser amount on the second trial has been affirmed by that court.

Quaere whether such a verdict and judgment could be reinstated had there been no error in law in the instructions given at the first trial.

Minn. & St. Louis R. Co. v. Bombolis, ante, p. 211, followed to effect that the verdict of a jury, legal under the state law but which would not be legal in a federal court, is not a denial of federal right under the Seventh Amendment in a suit brought in a state court under the Employers’ Liability Act.

The due process provision of the Fourteenth Amendment does not require a state to provide for suspension of judgment pending appeal nor prevent its making it costly in case the judgment is upheld; nor is due process denied by adding ten percent, as is done under the statute of Kentucky, on the amount of judgment if the same is affirmed.

The opinion of both courts below being against defendant’s contention that this case should have been withdrawn from the jury, this Court, not disagreeing with them, affirms the judgment.

163 Ky. 823 affirmed.

The facts, which involve the validity of a verdict and judgment in an action in the state court under the Employers’ Liability Act, are stated in the opinion.