Grand Trunk Western Ry. Co. v. Lindsay, 233 U.S. 42 (1914)

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Grand Trunk Western Railway Company v. Lindsay

No. 425

Argued February 27, 1914
Decided April 6, 1914
233 U.S. 42

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

Syllabus

The operation and effect of the Employers’ Liability Act upon the rights of the parties is involved in an action for negligence where the complaint alleges and the proof establishes that the employee was engaged in, and the injury occurred in the course of, interstate commerce even though the act was not referred to in the pleadings or pressed at the trial. Seaboard Air Line v. Duvall, 225 U.S. 477.

Although § 3 of the Employers’ Liability Act establishes a system of comparative negligence, and diminution of damages by reason of the employee’s contributory negligence, the proviso to that section expressly provides that contributory negligence does not operate to diminish the recovery if the injury has been occasioned in part by the failure of the carrier to comply with Safety Appliance Acts.

It does not appear that any reversible error was committed by the court below concerning instructions asked and refused in regard to testimony of a car inspector and the weight attributable thereto.

201 F. 836 affirmed.

The facts, which involve the construction of the Employers’ Liability Act of 1908 and the validity of a judgment for personal injuries obtained thereunder, are stated in the opinion.