(DOWNLOAD) "Seaboard Air Line Railway v. Duvall" by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Seaboard Air Line Railway v. Duvall
- Author : Supreme Court of the United States
- Release Date : January 10, 1912
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This was an action by an employe of the plaintiff in error to recover damages for severe and permanent personal injuries alleged to have been received while in its service. The plaintiff alleged that he was baggage-master and flagman on one of the defendants passenger trains, running from Portsmouth, Virginia, to Monroe, North Carolina. That a head-on collision occurred with another of defendants trains, whereby plaintiff and others were injured, and that the collision was due to the negligence of defendants officers and agents. The answer was, in substance, a general denial for want of knowledge. There was a jury, verdict and judgment for the defendant in error, which was later affirmed by the Supreme Court of the State. This writ of error was allowed by the Chief Justice of that court upon the ground that "there was drawn into question a right, privilege or immunity claimed by the railroad company under a statute of the United States, and the decision was against such right, privilege or immunity so claimed and specially set up by said defendant," etc. Such a certificate is, however, not sufficient to confer jurisdiction to review the judgment of a state court under § 709, Revised Statutes. That there was set up and denied some claim or right under the Constitution or a statute of the United States must appear upon the record, and such a certificate is only of value to make more definite or certain that the Federal right was definitely asserted and decided. Sayward v. Denny, 158 U.S. 180, 183;
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