US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for


Subscribe to Cases that cite 241 U. S. 261 RSS feed for this section

U.S. Supreme Court

Louisville & Nashville R. Co. v. Stewart, 241 U.S. 261 (1916)

Louisville & Nashville Railroad Company v. Stewart

Nos. 485, 904

Argued April 19, 20, 1916

Decided May 22, 1916

241 U.S. 261


A verdict and judgment thereon in a state court in a suit by an administrator under the Employers' Liability Act, based on an instruction that the jury should find, if anything, such a sum as will fairly compensate the intestate's estate for his death, and which has been set aside for error of such instruction by the state appellate court, cannot be reinstated by this Court on a writ of error to the appellate court of the state after judgment for a lesser amount on the second trial has been affirmed by that court.

Quaere whether such a verdict and judgment could be reinstated had there been no error in law in the instructions given at the first trial.

Minn. & St. Louis R. Co. v. Bombolis, ante, p. 241 U. S. 211, followed to effect that the verdict of a jury, legal under the state law but which would not be legal in a federal court, is not a denial of federal right under the Seventh Amendment in a suit brought in a state court under the Employers' Liability Act.

The due process provision of the Fourteenth Amendment does not require a state to provide for suspension of judgment pending appeal nor prevent its making it costly in case the judgment is upheld; nor is due process denied by adding ten percent, as is done under the statute of Kentucky, on the amount of judgment if the same is affirmed.

The opinion of both courts below being against defendant's contention that this case should have been withdrawn from the jury, this Court, not disagreeing with them, affirms the judgment.

163 Ky. 823 affirmed.

The facts, which involve the validity of a verdict and judgment in an action in the state court under the Employers' Liability Act, are stated in the opinion. chanroblesvirtualawlibrary

Page 241 U. S. 262

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™