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SEABOARD AIR LINE RY. V. MOORE, 228 U. S. 433 (1913)

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U.S. Supreme Court

Seaboard Air Line Ry. v. Moore, 228 U.S. 433 (1913)

Seaboard Air Line Railway v. Moore

No. 609

Argued December 3, 1912

Decided April 28, 1913

228 U.S. 433 (1913)

Syllabus

Where this court finds nothing giving rise to a clear conviction that error has resulted from the action of the court below, it should not reverse the judgment. Chicago Junction Ry. Co. v. King, 222 U. S. 215.

The contention of plaintiff in error that the court below construed a statute adversely to his interest in certain respects will not avail if it appear that, as a matter of fact, he was accorded the benefit he claimed under such statute in those respect, and the right of the other party were made dependent on the questions involved.

Where the record show that there was evidence that the cars on which the accident occurred and which were being transferred by a switching engine were loaded with merchandise destined for a port, to be there transshipped to destination in another state, and the court instructs the jury that the plaintiff can only recover under the Employers' Liability Act of 1908 in case it finds that he was engaged in interstate commerce, this Court will not, in the absence of clear conviction of error, disturb the judgment based on the verdict.

The facts are stated in the opinion.





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