To Amend the Employers' Liability Act: Hearings Before Subcommittee No. 4 of the Committee on the Judiciary, House of Representatives, Seventy-fifth Congress, First Session, on H.R. 5755, Relating to the Federal Employers' Liability Act, the Taking of Deposition Admissibility, and Perpetuation of Testimony, Cross-examination of Interested Witnesses, and Trial Procedures with Reference Thereto, and for Other Purposes; H.R. 7336 ... July 7, 12, 14, 1937U.S. Government Printing Office, 1938 - 80 páginas Considers (75) H.R. 5755, (75) H.R. 7336, (75) H.R. 7621. |
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Términos y frases comunes
Accident Reports Act actual knowledge actual notice admissible amendment American Bar Association arise assumed risk assumed the risk assumption of risk cause of action Chairman CLAIBORNE class I railroads committee common carrier common law Congress contract contributory negligence course cross-examination damages danger decedent defense of assumed defense of contributory depositions duty dying declaration EAGLETON employee Employers Liability Act employment enacted engaged in interstate evidence Federal courts Federal Safety Appliance filed FLETCHER GAWTHROP gentlemen group of sections HEALEY hear held HILL HOBBS injury or death Interstate Commerce Commission jury lawyer matter of law McDougall party permit personal injury plaintiff ployee present provisions question of fact railroad company record recovery remedy res gestae right of action risk doctrine RIVINUS rule Safety Appliance Act section 13 statement statute subcommittee Supreme Court testimony thing tion of risk tort trial violation WALTER witness words workmen's compensation
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Página 42 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 6 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Página 30 - ... be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety...
Página 60 - That in any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its employees, such...
Página 42 - Federal tribunals the common-law pleadings, forms, and practice were adhered to, in the State courts of the same district the simpler forms of the local code prevailed. This involved the necessity on the part of the bar of studying two distinct systems of remedial law, and of practicing according to the wholly dissimilar requirements of both. The inconvenience of such a state of things is obvious. The evil was a serious one. It was the aim of the provision in question to remove it. This was done...
Página 74 - Apart from the notion of contract, rather shadowy as applied to this broad form of the latter conception, the practical difference of the two ideas is in the degree of their proximity to the particular harm. The preliminary conduct of getting into the dangerous employment or relation is said to be accompanied by assumption of the risk. The act more immediately leading to a specific accident is called negligent. But the difference between the two is one of degree rather than of kind...
Página 53 - It shall be the duty of the general manager, superintendent, or other proper officer of every common carrier engaged in interstate commerce by railroad to make to the Interstate Commerce Commission...
Página 53 - Neither said report nor any report of said investigation nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation.
Página 1 - ... court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States...
Página 1 - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.