Seaboard Air Line Ry. Co. v. Moore
| Decision Date | 27 February 1912 |
| Docket Number | 2,221. |
| Citation | 193 F. 1022 |
| Parties | SEABOARD AIR LINE RY. CO. v. MOORE. |
| Court | U.S. Court of Appeals — Fifth Circuit |
In Error to the Circuit Court of the United States for the Southern District of Florida.
Peter O. Knight and J.F.Glen,for plaintiff in error.
Hilton S. Hampton, A. H. King, and Geo. C. Bedell, for defendant in error.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
The constitutionality and applicability of the act of Congress relating to the liability of common carriers by railroad to their employes, approved April 22, 1908 (35 Stat.pt. 1, p. 65, c. 149 (U.S. Comp. St. Supp. 1909, p. 1171)), have been passed upon in a recent decision of the Supreme Court in Mondou v. New York, N.H. & Hartford R.R. Co., 223 U.S. 1, 32 Sup.Ct. 169, 56 L.Ed. . . . , handed down January 15, 1912, not yet officially reported. According to this decision, the fifth, sixth, seventh, eighth, ninth, and fifteenth assignments of error herein are clearly not sustainable. From an examination of the transcript and briefs, the assignments of error concerning other matters are not well taken. The judgment of the Circuit Court is affirmed.
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Enoch L. White's Admrx. v. Central Vermont Railway Co.
... ... And supposing ... you were delayed on sidings and after you got back on the ... main line a lot of time is lost, how do you protect your rear ... end?" It was not error to exclude the ... Supreme Court of the United States thereon controls. In ... Seaboard Air Line Ry. v. Moore , 113 C.C.A ... 668, 193 F. 1022, this burden was charged to be with the ... ...
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Schopp v. Muller Dairies, L-7678.
...be determined according to the provisions of that act,' 45 U.S.C.A. § 51 et seq. citing Seaboard Air Line R. Co. v. Moore, 193 F. 1022, 113 C.C.A. 668, Id., 228 U.S. 433, 434, 33 S.Ct. 580, 57 L.Ed. 907. "In this court the argument was devoted principally to a discussion of this ruling —cou......