North Carolina R. Co. v. Lee, 260 U.S. 16 (1922)

North Carolina Railroad Company v. Lee

No 33
Argued October 6, 1922
Decided October 16, 1922
260 U.S. 16

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

1. A railroad corporation whose line, while leased to another, was taken over by the government under the Federal Control Act cannot, consistently with that act, be held for personal injuries occasioned by an accident during federal control under a local rule making lessor railroads liable for the negligence of their lessees. P. 17.

2. Under the Federal Control Act, the government operates a railroad not as lessee, but under a right in the nature of eminent domain. P. 17. Missouri Pacific R. Co. v. Ault, 256 U.S. 554, followed.

Reversed.

Certiorari to review a judgment of the Supreme Court of North Carolina affirming a judgment against the present petitioner in an action for death by negligence.