Chicago & Alton Railroad v. Wagner

Citations

• 239 U.S. 452
• 36 S. Ct. 135
• 60 L. Ed. 379
• 1915 U.S. LEXIS 1437

Syllabus

<p>Section 5 of the Employers’ Liability Act has no application to releases given to those who are not employers. Robinson v. Balt. & Ohio R. R., 237 U. S. 84.</p> <p>Where one of two carriers, joint tort feasors, is the employer and obtains from an employé who was injured in interstate commerce a release which is invalid under § 5 of the Employers’ Liability Act, there is no denial of Federal right by a state court in holding that such release is also invalid as against the other joint tort feasor and does not operate to release the latter from liability beyond the right to set off the amount contributed by the employing carrier to the amount recovered by the plaintiff.</p>