Seaboard Air Line Railway v. Koennecke, 239 U.S. 352 (1915)

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Seaboard Air Line Railway v. Koennecke

No. 491

Argued November 30, 1915
Decided December 13, 1915
239 U.S. 352

ERROR TO THE SUPREME COURT

OF THE STATE OF SOUTH CAROLINA

Syllabus

The allowance by the trial court after the testimony was in, and over defendant’s objection, of an amendment to bring the case specifically under the Employers’ Liability Act, held not to have exceeded the discretionary power of the court, or to have been so arbitrary as to amount to denial of due process of law.

In actions under the Employers’ Liability Act, when questions of negligence and the like are brought here only because arising in actions under the statute and involving no new principles, this Court confines itself to a summary statement of results.

In this case, a deceased was engaged in distributing cars from an interstate train and clearing the track for another interstate train, he was engaged in interstate commerce.

The possibility that a local train might, before arrival at final destination, where the accident occurred, have dropped all interstate cars and taken up only local cars is too remote to warrant withdrawal of a case under the Employers’ Liability Act from the jury.

On the record in this case, it would not have been proper for the trial court to have withdrawn the case from jury on questions of defendant’s negligence or plaintiff’s assumption of risk.

101 S.C. 86 affirmed.

The facts, which involve the construction of the Employers’ Liability Act and the validity of a verdict of the state court in a suit for death of an employee, are stated in the opinion.