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LOUIS. & NASH. R.R. CO. v. STEWART

Nos. 485, 904.

241 U.S. 261 (1916)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. STEWART, ADMINISTRATRIX OF STEWART. STEWART, AS ADMINISTRATRIX OF STEWART, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

Supreme Court of United States.

Decided May 22, 1916.

Attorney(s) appearing for the Case

Mr. Benjamin D. Warfield, with whom Mr. James C. Sims and Mr. John B. Rodes were on the brief, for Louisville and Nashville Railroad.

Mr. George H. Lamar, with whom Mr. B.F. Procter, Mr. C.U. McEllory and Mr. D.W. Wright were on the brief, for Stewart.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action brought under the Employers' Liability Act of April 22, 1908, c. 149, 35 Stat. 65, against the Railroad Company for negligently causing the death of the plaintiff's intestate, her husband. There were two trials. A verdict and judgment for the plaintiff at the first were set aside by the Court of Appeals. 156 Kentucky, 550; 157 Kentucky, 642. A judgment for a less amount at the second trial was...

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