Chesapeake & Ohio Ry. Co. v. Stapleton, 279 U.S. 587 (1929)

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Chesapeake & Ohio Railway Company v. Stapleton

No. 133

Submitted January 2, 1929
Restored to docket and argued April 9, 1929
Decided May 27, 1929
279 U.S. 587

CERTIORARI TO THE COURT OF APPEALS OF KENTUCKY

Syllabus

1. A right of action cannot arise under the Federal Employers’ Liability Act upon any other basis than negligence. P. 589.

2. The carrier cannot be held for negligence under this Act upon the ground that the employee was under sixteen years of age, employed in violation of a statute of the state where the accident occurred forbidding and penalizing the employment of infants of his years for work upon any railroad. P. 593.

3. The question whether the carrier is so liable is a federal question and is not determined by rulings of the state court holding violations of the state statute to be negligence per se. P. 593.

233 Ky. 154 reversed.

Certiorari, 278 U.S. 585, to review a judgment of the Court of Appeals of Kentucky affirming a recovery of damages in an action under the Federal Employers’ Liability Act.