Davis V Kennedy, 266 U.S. 147 (1924)

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Davis v Kennedy

No. 85

Argued October 17, 1924
Decided November 17, 1924
266 U.S. 147

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF TENNESSEE

Syllabus

Where a railway collision, killing an engineer, was directly due to neglect of his personal duty not to move his train forward without positively ascertaining that another train had passed, the possibility that the accident might have been prevented but for contributory negligence of other members of the crew in not performing the look-out duty devolving also upon them will not sustain an action by his representative against the carrier under the Federal Employers’ Liability Act. P. 148.

Reversed.

Certiorari to a judgment of the Supreme Court of Tennessee affirming a judgment for death by personal injuries, recovered under the Federal Employers’ Liability Act.