Bruce Shanks v. Delaware, Lackwanna Western Railroad Company, No. 477

CourtUnited States Supreme Court
Writing for the CourtVan Devanter
Citation60 L.Ed. 436,239 U.S. 556,36 S.Ct. 188
PartiesBRUCE SHANKS, Plff. in Err., v. DELAWARE, LACKWANNA, & WESTERN RAILROAD COMPANY
Docket NumberNo. 477
Decision Date30 November 1915

239 U.S. 556
36 S.Ct. 188
60 L.Ed. 436
BRUCE SHANKS, Plff. in Err.,

v.

DELAWARE, LACKWANNA, & WESTERN RAILROAD COMPANY.

No. 477.
Argued November 30, 1915.
Dedided January 10, 1916.

Messrs. Joseph A. Shay, Nash Rockwood, and L. M. McKelvey for plaintiff in error.

Messrs. Alexander Pope Humphrey and W. S. Jenney for defendant in error.

Mr. Justice Van Devanter delivered the opinion of the court:

Shanks sued the railroad company for damages resulting from personal injuries suffered through its negligence while he was in its employ, and rested his right to

Page 557

recover upon the employers' liability act of Congress. His injuries were received in New Jersey, and his action was brought in the supreme court of New York. He prevailed at the trial, but in the appellate division the judgment was reversed, with a direction that his complaint be dismissed without prejudice to any remedy he might have under the law of New Jersey, and this was affirmed by the court of appeals, the ground of the appellate rulings being that at the time of the injury he was not employed in interstate commerce. 163 App. Div. 565, 148 N. Y. Supp. 1034; 214 N. Y. 413, 108 N. E. 644. To obtain a review of the judgment of the court of appeals he sued out this writ of error, which was directed to the supreme court because the record was then in its possession. See Atherton v. Fowler, 91 U. S. 143, 23 L. ed. 265; Wurts v. Hoagland, 105 U. S. 701, 26 L. ed. 1109; Sioux Remedy Co. v. Cope, 235 U. S. 197, 59 L. ed. 193, 35 Sup. Ct. Rep. 57.

In so far as its words are material here, the employers' liability act declares that 'every common carrier by railroad while engaging in commerce between any of the several states . . . shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce' [35 Stat. at L. 65, chap. 149, Comp. Stat. 1913, § 8657], if the injury results in whole or in part from the negligence of the carrier or of any of its officers, agents, or employees. Thus it is essential to a right of recovery under the act not only that the carrier be engaged in interstate commerce at the time of the injury, but also that the person suffering the injury be then employed by the carrier in such commerce. And so it results where the carrier is also engaged in intrastate commerce, or in what is not commerce at all, that one who, while employed therein by the carrier, suffers injury through its negligence, or that of some of its officers, agents, or employees, must look for redress to the laws of the state wherein the injury occurs, save where it results from the violation of some Federal statute, such as the safety appliance acts.

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The facts in the present case are these: The railroad company was engaged in both interstate and intrastate transportation, and was conducting an...

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432 practice notes
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • March 30, 1925
    ...have been illustrated numerous times in other cases decided by that august tribunal. Shanks v. Delaware, Lackawanna & Western R. R. Co., 239 U.S. 556, 60 L.Ed. 436; Pederson v. Delaware, Lackawanna & Western R. R. Co., 229 U.S. 146, 57 L.Ed. 1125. See also: Kinzell v. Chicago, Milwaukee & S......
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...secs. 51-59; Luchetti v. Railroad Co., 233 Fed. 137; Jarvis v. Railroad Co., 325 Mo. 428, 37 S.W. (2d) 602; Shanks v. Railroad Co., 239 U.S. 556, 36 Sup. Ct. 188, 60 L. Ed. 436; C. & N.W. Railroad Co. v. Bolle, 284 U.S. 77, 52 Sup. Ct. 59, 76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415,......
  • Harlan v. Wabash Ry. Co., No. 32085.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...was engaged in interstate transportation or in work so closely related to it as to be practically a part of it. Shanks v. Railroad Co., 239 U.S. 556; Kepner v. Railroad Co., 322 Mo. 299, 15 S.W. (2d) 825; 2 Roberts, Fed. Liability of Carriers (2 Ed.) 1465, sec. 764; McKay v. Monongahela Ry.......
  • Hamarstrom v. M.K.T. Ry. Co., No. 18850.
    • United States
    • Court of Appeal of Missouri (US)
    • April 4, 1938
    ...Co., 322 Mo. 396, 18 S.W. (2d) 82; Morrison v. Chicago, M. & St. P.R. Co., 103 Wash. 650, 175 Pac. 325; Shanks v. Delaware L. & W.R. Co., 239 U.S. 556; Oglesby v. St. L.S.F.R. Co. (Mo.), 1 S.W. (2d) 172; Scott v. Virginian Ry. Co. (W. Va.), 184 S.E. 559 (certiorari denied 80 L. Ed. 1403); S......
  • Request a trial to view additional results
433 cases
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • March 30, 1925
    ...have been illustrated numerous times in other cases decided by that august tribunal. Shanks v. Delaware, Lackawanna & Western R. R. Co., 239 U.S. 556, 60 L.Ed. 436; Pederson v. Delaware, Lackawanna & Western R. R. Co., 229 U.S. 146, 57 L.Ed. 1125. See also: Kinzell v. Chicago, Milwaukee & S......
  • Howard v. Mobile & Ohio Railroad Co., No. 32092.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...secs. 51-59; Luchetti v. Railroad Co., 233 Fed. 137; Jarvis v. Railroad Co., 325 Mo. 428, 37 S.W. (2d) 602; Shanks v. Railroad Co., 239 U.S. 556, 36 Sup. Ct. 188, 60 L. Ed. 436; C. & N.W. Railroad Co. v. Bolle, 284 U.S. 77, 52 Sup. Ct. 59, 76 L. Ed. 172; Railroad Co. v. Bezue, 284 U.S. 415,......
  • Harlan v. Wabash Ry. Co., No. 32085.
    • United States
    • United States State Supreme Court of Missouri
    • June 12, 1934
    ...was engaged in interstate transportation or in work so closely related to it as to be practically a part of it. Shanks v. Railroad Co., 239 U.S. 556; Kepner v. Railroad Co., 322 Mo. 299, 15 S.W. (2d) 825; 2 Roberts, Fed. Liability of Carriers (2 Ed.) 1465, sec. 764; McKay v. Monongahela Ry.......
  • Hamarstrom v. M.K.T. Ry. Co., No. 18850.
    • United States
    • Court of Appeal of Missouri (US)
    • April 4, 1938
    ...Co., 322 Mo. 396, 18 S.W. (2d) 82; Morrison v. Chicago, M. & St. P.R. Co., 103 Wash. 650, 175 Pac. 325; Shanks v. Delaware L. & W.R. Co., 239 U.S. 556; Oglesby v. St. L.S.F.R. Co. (Mo.), 1 S.W. (2d) 172; Scott v. Virginian Ry. Co. (W. Va.), 184 S.E. 559 (certiorari denied 80 L. Ed. 1403); S......
  • Request a trial to view additional results

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