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CHI. & ROCK ISLAND R.R. v. DEVINE

No. 391.

239 U.S. 52 (1915)

36 S.Ct. 27

60 L.Ed. 140

CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. DEVINE, ADMINISTRATOR OF MASON.

Supreme Court of United States.

Decided November 8, 1915.

Attorney(s) appearing for the Case

Mr. James C. McShane for defendant in error in support of motion to dismiss or affirm.

Mr. Thomas P. Littlepage and Mr. M.L. Bell for plaintiff in error in opposition to the motion cited.

Memorandum opinion by MR. CHIEF JUSTICE WHITE, by direction of the court.

The recovery under the Employers' Liability Act in the trial court, affirmed by the intermediate and supreme court, was for the damage caused by the death of Mason through the negligence of the defendant company. 266 Illinois, 248. Two propositions are relied upon for reversal: first, a refusal to instruct a verdict on the ground that there was no evidence...

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