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NORFOLK & WESTERN RY. v. EARNEST

No. 153.

229 U.S. 114 (1913)

NORFOLK & WESTERN RAILWAY COMPANY v. EARNEST.

Supreme Court of United States.

Decided May 26, 1913.

Attorney(s) appearing for the Case

Mr. Roy B. Smith and Mr. John H. Holt, with whom Mr. Theodore W. Reath was on the brief, for plaintiff in error.

Mr. Bynum E. Hilton, and Mr. Thomas Lee Moore, with whom Mr. Harold J. Pack and Mr. Samuel B. Pack were on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This was an action against a railroad company to recover for personal injuries sustained by an employe while both were engaged in interstate commerce. The plaintiff secured a verdict and judgment in the Circuit Court, and the defendant sued out this direct writ of error, claiming that the Employers' Liability Act of April 22, 1908, 35 Stat. 65, c. 149, upon which...

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