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Southern Railway Co. v. Gadd, 233 U.S. 572 (1914)
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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.
Southern Railway Co. v. Gadd, 233 U.S. 572 (1914)
Southern Railway Company v. Gadd No. 645 Argued April 15, 1914 Decided May 11, 1914 233 U.S. 572
ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
In a case in which the writ of error directed to the circuit court of appeals is based on the Employers’ Liability Act, but presents for decision no question concerning the interpretation of that act, but only considerations of general law, this Court, while it has power to consider all such questions, will not reverse as to such questions unless it clearly appears that error has been committed.
Although the trial court, in replying to counsel, may have followed counsel in erroneously referring to assumption of risk instead of contributory negligence and negligence of fellow servants, if assumption of risk was not involved in the action or referred to in the testimony, the error, if any, was not prejudicial.
Where the record shows that the case was carefully and fully considered in both of the courts below and the contentions, advanced to support the assertion that the interpretation of the Employers’ Liability Act is involved are so frivolous as to justify the conclusion that the writ of error is prosecuted for delay, this Court will impose a penalty, in this case of five percent upon the amount involved, under paragraph 2 of Rule 23.
207 F. 277 affirmed.
The facts, which involve the construction of the Employers’ Liability Act of 1908 as amended 1910, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Southern Railway Co. v. Gadd, 233 U.S. 572 (1914) in 233 U.S. 572 233 U.S. 575. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YRG1NYZYLM43ZVZ.
MLA: U.S. Supreme Court. "Syllabus." Southern Railway Co. v. Gadd, 233 U.S. 572 (1914), in 233 U.S. 572, page 233 U.S. 575. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YRG1NYZYLM43ZVZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Southern Railway Co. v. Gadd, 233 U.S. 572 (1914). cited in 1914, 233 U.S. 572, pp.233 U.S. 575. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YRG1NYZYLM43ZVZ.
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