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Cases Argued and Decided in the Supreme Court of the United States Volume 61 epub

Cases Argued and Decided in the Supreme Court of the United States Volume 61 epub

Cases Argued and Decided in the Supreme Court of the United States Volume 61 by United States Supreme Court
Cases Argued and Decided in the Supreme Court of the United States Volume 61
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Author: United States Supreme Court
Page Count: 984 pages
Published Date: 22 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236435477
Download Link: Cases Argued and Decided in the Supreme Court of the United States Volume 61
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 Excerpt: ...applicability of the Employers' Liability Act to the case was admitted from the beginning; but nevertheless a petition was promptly filed for the removal of the case to the United States circuit court on the ground of diversity of citizenship. This petition was denied, and the claim that this denial constitutes reversible error isnow argued here, albeit somewhat faintly. The claim is wholly without merit, aa is apparent from the plain reading of the Federal Employers' Liability Act, and as is determined in Kansas City Southern B. Co. v. Leslie, 238 U. S. 599, 59 L. ed. 1478, 35 Sup. Ct. Rep. 844, and in Southern R. Co. v. Lloyd, 239 U. S. 496, 60 L. ed. 402, 36 Sup. Ct. Rep. 210. It is claimed, with much apparent confidence, that no substantial evidence appears in the record to support the judgment of the state courts, and that, under the authority of Southern P. Co. v. Pool, 160 U. S. 438, 40 L. ed. 485, 16 Sup. Ct. Rep. 338, the judgment 813 should be reversed. An inspection of the record satisfies us that substantial testimony was introduced in support of the claimed negligence of the railroad company, and that, applying the usual rule, the result cannot be disturbed on this claim. But chief emphasis, perhaps, is laid on the argument upon the claim that the trial court erred in refusing to say to the jury, as a matter of law, that "any iron rod or iron device securely fastened upon the end of defendant's tender to which employees could conveniently catch hold while in the performance of their duties in coupling or uncoupling cars was a handhold or grab iron within the meaning of the law," and that, therefore, if the vertical iron handhold and iron rod--pin lifting or uncoupling lever--extending across the tender just above the coupler, were so ...

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