Louisville & Nashville R. Co. v. Holloway,
246 U.S. 525 (1918)

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U.S. Supreme Court

Louisville & Nashville R. Co. v. Holloway, 246 U.S. 525 (1918)

Louisville & Nashville Railroad Company v. Holloway

No. 209

Submitted March 15, 1918

Decided April 15, 1918

246 U.S. 525


In an action under the Employers' Liability Act on behalf of the widow of a deceased employee, an instruction that the measure of damages should be such as would fairly and reasonably compensate her for the loss of pecuniary benefits she might reasonably have received but for her husband's death held correct, as a general instruction, leaving to the defendant the right to have it supplemented by another indicating that, in estimating the amount of such compensation, future benefits must be considered at their present value.

Under the Employers' Liability Act, defendant is not entitled to have the jury instructed, as matter of law, that the value of money to the beneficiary should be measured by a specific (the legal) rate of interest, or that the duration of future benefits could not have exceeded the life expectancy of the deceased employee as given by an actuarial table.

Whether the state court has obeyed a local rule of practice requiring

Page 246 U. S. 526

the substitution of correct instructions for defective ones requested is a question of state law not reviewable by this Court in an action under the Employer's Liability Act.

When not based upon an erroneous theory of federal law, refusal of the state court to reverse a judgment upon the ground that the damages are excessive is not reviewable here in an action under the Employers' Liability Act.

168 Ky. 262 affirmed.

The case is stated in the opinion.

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