B. & O.S.W.R. CO. v. CARROLL

No. 87.

280 U.S. 491 (1930)

BALTIMORE & OHIO SOUTHWESTERN RAILROAD COMPANY v. CARROLL, ADMINISTRATRIX.

Supreme Court of United States.

Decided February 24, 1930.


Attorney(s) appearing for the Case

Mr. William A. Eggers, with whom Messrs. Morison R. Waite, Harry R. McMullen and Cassius W. McMullen were on the brief, for petitioner.

Mr. Oscar H. Montgomery, with whom Messrs. T. Harlan Montgomery and William J. Hughes were on the brief, for respondent.


MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The deceased, Guerney O. Burtch, sustained personal injuries while assisting to unload a heavy ensilage cutter from a freight train operated by petitioner. He sued in a state court, and recovered damages on the theory that state law, and not the Federal Employers' Liability Act, applied. This court reversed the judgment, holding that the federal act applied, and remanded...

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