United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York Central & Hudson River R. Co. v. Tonsellito, 244 U.S. 360 (1917)

New York Central & Hudson

River Railroad Company v. Tonsellito

Nos. 239, 240

Submitted April 30, 1917

Decided June 4, 1917

244 U.S. 360

ERROR TO THE COURT OF ERRORS AND APPEALS

OF THE STATE OF NEW JERSEY

In an action under the Federal Employers' Liability Act, the questions whether plaintiff was engaged in interstate commerce when injured, whether the railroad was negligent, whether he assumed the risk, and whether he was a mere volunteer will not evoke discussion by this Court where there was adequate evidence upon them for submission to the jury, where there was no evident, material error in the charge, where both state courts below have sustained the judgment, and no special circumstances are present demanding comment.

The Federal Employers' Liability Act does not allow the father a right of action for expenses and loss of service resulting from his minor son's injuries in addition to the son's right of action.

The rights of action provided by the Federal Employers' Liability Act are exclusive as to the cases which it covers, and no other can be added by the law of a state. New York Central R. Co. v. Winfield, ante, 244 U. S. 147.