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DAVIS v. KENNEDY

No. 85.

266 U.S. 147 (1924)

45 S.Ct. 33

69 L.Ed. 212

DAVIS, AGENT, v. KENNEDY, ADMINISTRATRIX OF KENNEDY, DECEASED.

Supreme Court of United States.

Decided November 17, 1924.

Attorney(s) appearing for the Case

Mr. Fitzgerald Hall, with whom Mr. Frank Slemons and Mr. Seth M. Walker were on the brief, for petitioner.

Mr. W.E. Norvell, Jr., for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an action under the Employers' Liability Act of April 22, 1908, c. 149, § 1, 35 Stat. 65, brought by the administratrix of David Kennedy to recover damages for his death upon a railroad while under federal control. The death was caused by a collision between two trains called No. 1 and No. 4, west of a point known as Shops which was two and a half miles west of Nashville, Tennessee. The tracks were...

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