Chesapeake & Ohio Ry. Co. v. Gainey, 241 U.S. 494 (1916)

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Chesapeake & Ohio Railway Company v. Gainey


No. 453


Submitted April 19, 20, 1916
Decided June 5, 1916
241 U.S. 494

ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY

Syllabus

Minneapolis & St. Louis R. Co. v. Bombolis, ante, p. 211, followed to the effect that the Seventh Amendment does not apply to actions brought in the state courts under the Federal Employers’ Liability Act.

Chesapeake & Ohio Ry. v. Kelly, ante, p. 485, followed to the effect that, in estimating the amount of damages recoverable under the Employers’ Liability Act, the interest-bearing capacity of a present award must be considered, and the whole loss sustained by the beneficiaries during the period that the benefits cover cannot be included in the verdict without rebate or discount.

162 Ky. 427 reversed.

The facts, which involve the application of the Seventh Amendment to cases in the state court under the Employers’ Liability Act, the construction of that act, and the validity of a judgment thereunder, are stated in the opinion.