|
|
Shanks v. Delaware, Lackawanna & Western R. Co., 239 U.S. 556 (1916)
Contents:
Show Summary
Hide Summary
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.
Shanks v. Delaware, Lackawanna & Western R. Co., 239 U.S. 556 (1916)
Shanks v. Delaware, Lackawanna and Western Railroad Company No. 477 Argued November 30, 1915 Decided January 10, 1916 239 U.S. 556
ERROR TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
To recover under the Employers’ Liability Act, not only must the carrier be engaged in interstate commerce at the time of the injury, but also the person injured must be employed by the carrier in such commerce.
Where a railroad company which is engaged in both interstate and intrastate transportation conducts a machine shop for repairing locomotives used in such transportation, an employee is not engaged in interstate commerce while taking down and putting up fixtures in such machine shop, and cannot, if injured while so doing, maintain an action under the Employers’ Liability Act, even though on other occasions his employment relates to interstate commerce.
214 N.Y. 413 affirmed.
The facts, which involve the validity of a verdict and judgment in an action for injuries under the Employers’ Liability Act, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Shanks v. Delaware, Lackawanna & Western R. Co., 239 U.S. 556 (1916) in 239 U.S. 556 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AT5VD34859Q6ZX7.
MLA: U.S. Supreme Court. "Syllabus." Shanks v. Delaware, Lackawanna & Western R. Co., 239 U.S. 556 (1916), in 239 U.S. 556, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AT5VD34859Q6ZX7.
Harvard: U.S. Supreme Court, 'Syllabus' in Shanks v. Delaware, Lackawanna & Western R. Co., 239 U.S. 556 (1916). cited in 1916, 239 U.S. 556. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AT5VD34859Q6ZX7.
|