United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chesapeake & Ohio Ry. Co. v. Bryant, 280 U.S. 404 (1930)

Chesapeake & Ohio Ry. Co. v. Bryant

No. 113

Argued January 16, 17, 1930

Decided February 24, 1930

280 U.S. 404

Syllabus

1. An action for wrongful death will not lie under the Federal Employers' Liability Act where the injury from which death resulted was inflicted two days after the employment of the decedent by the railway company had been terminated. P. 280 U. S. 405.

2. The writ of certiorari should not issue to review a case in a state court as one governed by the Federal Employers' Liability Act if judgment against the carrier was rested upon the state law, pursuant to a finding that the injured person's employment by

Page 280 U. S. 405

the carrier had ceased before the injury occurred, and if there was some evidence to support that finding. Id.

152 Va. 263 affirmed.

Certiorari, 279 U.S. 834, to review a judgment of the Supreme court of appeals of Virginia, affirming a recovery against the railway company in an action for death by wrongful act.