Louisville & Nashville Rd. Co. v. Parker, 242 U.S. 13 (1916)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 242 U.S. 7, click here.

Louisville & Nashville Railroad Company v. Parker

No. 330

Submitted November 1, 1916
Decided November 13, 1916
242 U.S. 13

ERROR TO THE COURT OF APPEALS

OF THE STATE OF KENTUCKY

Syllabus

Plaintiff’s intestate was killed while moving an engine with attached intrastate car. There was evidence, strong but not conclusive, that the purpose of the movement was to reach and move another car in interstate commerce. Not asking to have this considered by the jury, defendant unsuccessfully insisted that the trial judge deal with the case as a case of interstate commerce governed by the Federal Employers’ Liability Act. The case went to the jury as one dependent on the state law, and there was a money verdict which admittedly could not be sustained if the federal act applied.

Held that not the intrastate character of the moving car, as erroneously held by the court below, but the purpose of the operation involving the movement, must determine whether deceased was engaged in interstate commerce.

That the purpose was for the jury to determine, and defendant, not having sought the jury, or made any request or objection in the trial court which was not rightly overruled, could not complain of the verdict.

165 Ky. 65 affirmed.

The case is stated in the opinion.