Wabash Railroad Company v. John Hayes, No. 843

CourtUnited States Supreme Court
Writing for the CourtVan Devanter
PartiesWABASH RAILROAD COMPANY, Plff. in Err., v. JOHN R. HAYES
Decision Date25 May 1914
Docket NumberNo. 843

234 U.S. 86
34 S.Ct. 729
58 L.Ed. 1226
WABASH RAILROAD COMPANY, Plff. in Err.,

v.

JOHN R. HAYES.

No. 843.
Submitted April 27, 1914.
Decided May 25, 1914.

Page 87

Messrs. J. L. Minnis, John Maxey zane, and charles F. Morse for plaintiff in error.

Mr. James C. McShane for defendant in error.

[Argument of Counsel from page 87 intentionally omitted]

Page 88

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

This was an action against a railroad company to recover for a personal injury sustained by the plaintiff through the negligence of the company while he was employed as a switchman in its railroad yard in Cook county, Illinois. The action was brought in the superior court of that county, and a trial to the court and a jury resulted in a verdict and judgment for the plaintiff. The judgment was affirmed by the appellate court for that district (180 Ill. App. 511), which was the highest court of the state in which a decision of the case could be had, and this writ of error was then sued out by the company. By a motion to dismiss the writ our jurisdiction to review the judgment is challenged. Shortly stated, the facts bearing upon the disposition of the motion are these:

The plaintiff's declaration alleged that the injury occurred while the defendant was engaged, and while the plaintiff was employed by it, in interstate commerce. The

Page 89

other allegations were such that, with that one, they stated a good cause of action under the Federal employers' liability act (35 Stat. at L. 65, chap. 149, U. S. Comp. Stat. Supp. 1911, p. 1322), and, without it, they stated a good cause of action under the common law prevailing in the state. There was a plea of not guilty; and upon the trial, the proof failing to show that the injury occurred in interstate commerce, the court, at the defendant's request, instructed the jury that the Federal employers' liability act had no application to the case. Then, over the defendant's objection, the court treated the allegation respecting interstate commerce as eliminated, and submitted the case to the jury as one controlled by the common law prevailing in the state. The plaintiff recovered under that law. In the appellate court the defendant contended that, even though the allegation that the injury occurred in interstate commerce proved unwarranted, the declaration could not be treated, consistently with the Federal act, as affording any basis for a recovery under the law of the state, common or statutory. But...

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115 practice notes
  • Monarch v. Southern Pacific Transp. Co., No. A081178
    • United States
    • California Court of Appeals
    • March 25, 1999
    ...241, 244.) The FELA has been uniformly found to comprise "the exclusive remedy for injured railroad employees. Wabash R.R. Co. v. Hayes, 234 U.S. 86, 34 S.Ct. 729, 58 L.Ed. 1226, (1914); Janelle v. Seaboard Coast Line R.R. Co., 524 F.2d 1259, 1261 (5th Cir.1975). FELA is worded broadly and ......
  • Renn v. Seabd. Air Line Ry, (No. 259.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 17, 1915
    ...L. R. A. (N. S.) 44, Railroad v. Wulf, 226 U. S. 570, 33 Sup. Ct. 135, 57 L. Ed. 355, Ann. Cas. 1914B, 134, and Wabash R. R. Co. v. Hayes, 234 U. S. 86, 34 Sup. Ct. 729, 58 L. Ed. 1226. In the last case the court says: "Had the injury occurred in interstate commerce, as was alleged, the fed......
  • Noice v. BNSF Ry. Co., S–1–SC–35198
    • United States
    • New Mexico Supreme Court of New Mexico
    • August 18, 2016
    ...FELA provides the exclusive remedy for railroad employees injured as a result of their employers' negligence. Wabash R.R. Co. v. Hayes , 234 U.S. 86, 89, 34 S.Ct. 729, 58 L.Ed. 1226 (1914) ; Janelle v. Seaboard Coast Line R.R. Co. , 524 F.2d 1259, 1261 (5th Cir. 1975) (“[D]amages for the de......
  • Armburg v. Boston & M.R.R.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 12, 1931
    ...N. E. 206, and cases there reviewed; Commonwealth v. Potter, 254 Mass. 271, 273, 150 N. E. 213. It was said in Wabash Railroad v. Hayes, 234 U. S. 86, 89, 90, 34 S. Ct. 729, 58 L. Ed. 1226: ‘Had the injury occurred in interstate commerce * * * the Federal act undoubtedly would have been con......
  • Request a trial to view additional results
115 cases
  • Monarch v. Southern Pacific Transp. Co., No. A081178
    • United States
    • California Court of Appeals
    • March 25, 1999
    ...241, 244.) The FELA has been uniformly found to comprise "the exclusive remedy for injured railroad employees. Wabash R.R. Co. v. Hayes, 234 U.S. 86, 34 S.Ct. 729, 58 L.Ed. 1226, (1914); Janelle v. Seaboard Coast Line R.R. Co., 524 F.2d 1259, 1261 (5th Cir.1975). FELA is worded broadly and ......
  • Renn v. Seabd. Air Line Ry, (No. 259.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 17, 1915
    ...L. R. A. (N. S.) 44, Railroad v. Wulf, 226 U. S. 570, 33 Sup. Ct. 135, 57 L. Ed. 355, Ann. Cas. 1914B, 134, and Wabash R. R. Co. v. Hayes, 234 U. S. 86, 34 Sup. Ct. 729, 58 L. Ed. 1226. In the last case the court says: "Had the injury occurred in interstate commerce, as was alleged, the fed......
  • Noice v. BNSF Ry. Co., S–1–SC–35198
    • United States
    • New Mexico Supreme Court of New Mexico
    • August 18, 2016
    ...FELA provides the exclusive remedy for railroad employees injured as a result of their employers' negligence. Wabash R.R. Co. v. Hayes , 234 U.S. 86, 89, 34 S.Ct. 729, 58 L.Ed. 1226 (1914) ; Janelle v. Seaboard Coast Line R.R. Co. , 524 F.2d 1259, 1261 (5th Cir. 1975) (“[D]amages for the de......
  • Armburg v. Boston & M.R.R.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 12, 1931
    ...N. E. 206, and cases there reviewed; Commonwealth v. Potter, 254 Mass. 271, 273, 150 N. E. 213. It was said in Wabash Railroad v. Hayes, 234 U. S. 86, 89, 90, 34 S. Ct. 729, 58 L. Ed. 1226: ‘Had the injury occurred in interstate commerce * * * the Federal act undoubtedly would have been con......
  • Request a trial to view additional results

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