Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915)
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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.
Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915)
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jury instructions*
Kansas City Southern Railway Company v. Leslie No. 538 Argued April 22, 1915 Decided June 21, 1915 238 U.S. 599
ERROR TO THE SUPREME COURT
OF THE STATE OF ARKANSAS
Syllabus
Under the Employers’ Liability Act as amended in 1910 and § 28, Judicial Code, a cause brought in a state court of competent jurisdiction under the Employers’ Liability Act cannot be removed to a federal court upon the sole ground of diversity of citizenship.
Under the Employers’ Liability Act as amended in 1910, there can be a recovery for pecuniary loss to the widow and children of decedent and also for conscious pain and suffering endured by decedent in the period, even though brief -- in this case about two hours -- between injury and death. St. Louis, Iron Mtn. & Southern Ry. v. Craft, 237 U.S. 648.
Even though the declaration may set up distinct and independent liabilities springing from one wrong -- as for the suffering endured before death and the death itself -- in an action under the Employers’ Liability Act in the state court, the jury need not, if it is in accord with local practice, specify the different amounts awarded for the suffering before death and the death itself.
Under the Employers’ Liability Act, the recovery of pecuniary damages by the personal representative of the deceased is in trust for the beneficiaries designated by the act, and must be based upon their actual pecuniary loss.
112 Ark. 305 reversed.
The facts, which involve the validity of a verdict and judgment for damages for personal injuries obtained in an action under the Federal Employers’ Liability Act, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915) in 238 U.S. 599 238 U.S. 600–238 U.S. 601. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KFMZMH36N62LVKW.
MLA: U.S. Supreme Court. "Syllabus." Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915), in 238 U.S. 599, pp. 238 U.S. 600–238 U.S. 601. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KFMZMH36N62LVKW.
Harvard: U.S. Supreme Court, 'Syllabus' in Kansas City Southern Ry. Co. v. Leslie, 238 U.S. 599 (1915). cited in 1915, 238 U.S. 599, pp.238 U.S. 600–238 U.S. 601. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KFMZMH36N62LVKW.
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