KANAWHA RAILWAY v. KERSE

No. 129.

239 U.S. 576 (1916)

KANAWHA & MICHIGAN RAILWAY COMPANY v. KERSE, ADMINISTRATOR OF BARRY.

Supreme Court of United States.

Decided January 10, 1916.


Attorney(s) appearing for the Case

Mr. Leroy Allebach and Mr. W.N. King for plaintiff in error.

Mr. George A. Berry, with whom Mr. R.F. Downing was on the brief, for defendant in error.


MR. JUSTICE PITNEY delivered the opinion of the court.

This was an action under the Federal Employers' Liability Act to recover damages because of the death of one Barry, a brakeman in the Railway Company's yard at Charleston, West Virginia, on April 23, 1911. It was pleaded and was proved without dispute that he received injuries resulting in his death while employed in interstate commerce by the Railway Company, admittedly...

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