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OSBORNE v. GRAY

No. 373.

241 U.S. 16 (1916)

36 S.Ct. 486

60 L.Ed. 865

OSBORNE, RECEIVER OF THE CHATTANOOGA SOUTHERN RAILROAD COMPANY, v. GRAY.

Supreme Court of United States.

Decided April 17, 1916.

Attorney(s) appearing for the Case

Mr. William L. Frierson, with whom Mr. Lewis M. Coleman was on the brief, for plaintiff in error.

Mr. B.E. Tatum, with whom Mr. Felix D. Lynch, Mr. George W. Chamlee, Mr. Joe V. Williams and Mr. P.H. Thach were on the brief, for defendant in error.

MR. JUSTICE HUGHES delivered the opinion of the court.

This suit was brought, in the year 1908, by Jennie B. Gray to recover damages for the death of her husband who was employed in the operation of the railroad of which the plaintiff in error and another were receivers. The original declaration sought recovery for negligence, at common law, and did not allege that the deceased was injured while engaged in interstate commerce. The plaintiff was permitted to file an...

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