Chesapeake & Ohio Railway Co. v. Bryant

Supreme Court

Chesapeake & Ohio Railway Co. v. Bryant

280 U.S. 404, 50 S. Ct. 167, 74 L. Ed. 513, 1930 U.S. LEXIS 760

CourtSupreme Court of the United States

DecidedFebruary 24, 1930

Docket113

StatusPublished

Cited by1 cases

This text of 280 U.S. 404 (Chesapeake & Ohio Railway Co. v. Bryant) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chesapeake & Ohio Railway Co. v. Bryant, 280 U.S. 404, 50 S. Ct. 167, 74 L. Ed. 513, 1930 U.S. LEXIS 760 (1930).

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Opinion

Mr. Justice Holmes

delivered the opinion of the Court.

This is an action seeking to. charge the petitioner for the death of the respondent’s intestate, who was shot and killed by the foreman of a gang in which the deceased if not discharged would have worked. At the trial the petitioner demurred to the evidence, on the ground, among others, that at the time of the killing the parties were engaged in interstate commerce. The demurrer was overruled and the respondent (plaintiff) got judgment, which was affirmed by an equally divided Court. If the parties were governed by the Federal Employers’ Liability Act the respondent might have difficulties from the decisions of this Court. Davis v. Green, 260 U. S. 349. Atlantic Coast Line R. R. Co. v. Southwell, 275 U. S. 64. But the deceased was killed on Monday, and there was some evidence that he had been discharged on the Saturday before; If so the Act of Congress did not govern and the parties were left to the State law, with which we have no concern. The writ of certiorari would not have been granted but for the impression that there was no doubt that the deceased was employed by the petitioner in interstate commerce up to the moment immediately preceding his death.

Judgment affirmed.

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Mr. Justice Holmes

delivered the opinion of the Court.

This is an action seeking to. charge the petitioner for the death of the respondent’s intestate, who was shot and killed by the foreman of a gang in which the deceased if not discharged would have worked. At the trial the petitioner demurred to the evidence, on the ground, among others, that at the time of the killing the parties were engaged in interstate commerce. The demurrer was overruled and the respondent (plaintiff) got judgment, which was affirmed by an equally divided Court. If the parties were governed by the Federal Employers’ Liability Act the respondent might have difficulties from the decisions of this Court. Davis v. Green, 260 U. S. 349. Atlantic Coast Line R. R. Co. v. Southwell, 275 U. S. 64. But the deceased was killed on Monday, and there was some evidence that he had been discharged on the Saturday before; If so the Act of Congress did not govern and the parties were left to the State law, with which we have no concern. The writ of certiorari would not have been granted but for the impression that there was no doubt that the deceased was employed by the petitioner in interstate commerce up to the moment immediately preceding his death.

Judgment affirmed.

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Bluebook (online)

280 U.S. 404, 50 S. Ct. 167, 74 L. Ed. 513, 1930 U.S. LEXIS 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chesapeake-ohio-railway-co-v-bryant-scotus-1930.

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