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CHES. & OHIO RY. v. KELLY

No. 321.

241 U.S. 485 (1916)

36 S.Ct. 630

60 L.Ed. 1117

CHESAPEAKE & OHIO RAILWAY COMPANY v. KELLY, ADMINISTRATRIX OF KELLY.

Supreme Court of United States.

Decided June 5, 1916.

Attorney(s) appearing for the Case

Mr. David H. Leake, with whom Mr. John T. Shelby, Mr. E.L. Worthington, Mr. W.D. Cochran, Mr. Le Wright Browning and Mr. Walter Leake were on the brief, for plaintiff in error.1

Mr. Edward C. O'Rear, with whom Mr. B.G. Williams and Mr. F.W. Clements were on the brief, for defendant in error.

MR. JUSTICE PITNEY delivered the opinion of the court.

In this action, which was founded upon the Employers' Liability Act of Congress of April 22, 1908 (c. 149, 35 Stat. 65), as amended by act of April 5, 1910 (c. 143, 36 Stat. 291), defendant in error, as administratrix of Matt Kelly, deceased, recovered a judgment in the Montgomery Circuit Court for damages because of the death of the intestate while employed by plaintiff...

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