Davis v. Green, 260 U.S. 349 (1922)

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Davis v. Green

No. 132

Argued November 28, 1922
Decided December 4, 1922
260 U.S. 349

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF MISSISSIPPI

Syllabus

1. A railroad company is not liable under the Federal Employers’ Liability Act for an injury inflicted by the wanton, willful act of an employee out of the course of his employment. P. 351.

2. Where the case was tried upon the warranted assumption that the parties were engaged in interstate commerce at the time of the injury, the defendant cannot be deprived on review of rights under the federal act upon the ground that such employment was not adequately proved. P. 352.

125 Miss. 476 reversed.

Certiorari to a judgment of the Supreme Court of Mississippi affirming, with a reduction, a judgment recovered by the present respondent in a consolidated action for the death of her husband.