L. & N. R. Co. v. Nelson

• Decision Date: 05 June 1923
• Citation: L. & N. R. Co. v. Nelson, 199 Ky. 615 (Ky. Ct. App. 1923)
• Parties: Louisville & Nashville Railroad Company v. Nelson.
• Court: Kentucky Court of Appeals

199 Ky. 615

Louisville & Nashville Railroad Company v. Nelson.

Court of Appeals of Kentucky.

Decided June 5, 1923.

Appeal from Laurel Circuit Court.

B. D. WARFIELD and GEORGE G. BROCK and H. J. JOHNSON for appellant.

HAZELWOOD & JOHNSON for appellee.

OPINION OF THE COURT BY TURNER, COMMISSIONER — Reversing.

Appellee brought this action for damages against appellant because of certain personal injuries alleged to have been received by him on the 21st of February, 1919, by reason of appellant's negligence and that of its officers and agents. He alleges he was at the time employed by appellant and was, when he received his injuries, engaged in interstate commerce, and is seeking to recover under the provisions of the federal Employers' Liability Act. The action was alone against the Louisville & Nashville Railroad Company, the Director General of Railroads not being made a party.

Before answer defendant entered a motion to strike the name of the Louisville & Nashville Railroad Company from the petition and substitute therefor the name of the Director General of Railroads, which motion was overruled by the court. In the written motion appellant called attention to the acts of Congress providing for the federal control of railroads and the executive orders thereafter made by the officials of the federal government, placing the same under such control. The defendant likewise demurred to the petition as amended, which demurrer was overruled.

At the conclusion of the plaintiff's evidence and again at the conclusion of all the evidence, defendant asked the court to peremptorily direct the jury to find for it, which motion on each occasion was overruled.

The only two questions necessary to consider are: (a) Will the courts of this state take judicial notice of the fact that on the 21st day of February, 1919, the railroads of this country were being operated under an act of Congress by a Director General; and (b) can there be a recovery against a company which is the owner of a railroad which is at the time being operated by the federal government under an act of Congress?

Under the federal Constitution, article 6, that instrument and the laws of the United States enacted pursuant thereto are declared to be the supreme law of the land, and state courts are bound thereby notwithstanding any provision in any state Constitution or law. Under that provision it has been consistently held that the courts of the several states are required to take judicial...