US SUPREME COURT DECISIONS

In a case in which the writ of error directed to the circuit court of appeals is based on the Employers' Liability Act, but presents for decision no question concerning the interpretation of that act, but only considerations of general law, this Court, while it has power to consider all such questions, will not reverse as to such questions unless it clearly appears that error has been committed.

Although the trial court, in replying to counsel, may have followed counsel in erroneously referring to assumption of risk instead of contributory negligence and negligence of fellow servants, if assumption of risk was not involved in the action or referred to in the testimony, the error, if any, was not prejudicial.

Where the record shows that the case was carefully and fully considered in both of the courts below and the contentions, advanced to support the assertion that the interpretation of the Employers' Liability Act is involved are so frivolous as to justify the conclusion that the writ of error is prosecuted for delay, this Court will impose a penalty, in this case of five percent upon the amount involved, under paragraph 2 of Rule 23.

207 F.2d 7 affirmed.

The facts, which involve the construction of the Employers' Liability Act of 1908 as amended 1910, are stated in the opinion. chanrobles.com-red

Page 233 U. S. 575