Gilvary v. Cuyahoga Valley Railway Co.,
292 U.S. 57 (1934)

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U.S. Supreme Court

Gilvary v. Cuyahoga Valley Railway Co., 292 U.S. 57 (1934)

Gilvary v. Cuyahoga Valley Railway Co.

No. 575

Argued March 8, 1934

Decided April 2, 1934

292 U.S. 57


1. Although the duty to supply all of its cars with automatic couplers laid upon an interstate railroad by the Federal Safety Appliance Acts extends to vehicles used exclusively in such carrier's intrastate commerce, nevertheless where a breach of this duty results in injuries to the carrier's employee while he is engaged exclusively in intrastate commerce, his right to collect damages from the carrier does not spring from these federal acts, but from the law of the State. P. 292 U. S. 61.

2. Where a carrier and employee had elected, in case of any injury to the employee while engaged in intrastate commerce, to have

Page 292 U. S. 58

their respective rights and liabilities governed by the provisions of the Ohio elective workmen's compensation law, held that the agreement was applicable, and consistent with the Federal Safety Appliance Acts, in a case of injury alleged to have been caused by the carrier's failure to equip cars with automatic couplers as those acts required. P. 292 U. S. 59.

127 Ohio St. 402 affirmed.

Certiorari, 290 U.S. 622, to review the affirmance (by equal division) of a Judgment of the Court of Appeals of Ohio, which had reversed a recovery of damages from the Railway Company in an action based on personal injuries.

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