Kansas City Western Railway Co. v. McAdow

Citations

• 240 U.S. 51
• 36 S. Ct. 252
• 60 L. Ed. 520
• 1916 U.S. LEXIS 1423

Syllabus

<p>If the declaration on which a ease is tried brings it under the Employers’ Liability Act, the fact that the particular allegation showing that plaintiff was engaged in interstate commerce appeared as an amendment does not raise-, a Federal question.</p> <p>Actions of tort are transitory.</p> <p>The law governing the situation in an action in a state court under the Employers’ Liability Act is equally the law-of the State whether ^derived from Congress or the state, legislature and must be noticed by the court.</p> <p>An electric railway from Leavenworth, Kansas, to Kansas City, Kansas, with a traffic agreement with a street railway company operating in Kansas City, Missouri, held to be a railroad within the Act to Regulate Commerce. United States v. Balt. & Ohio S. W. R. R., 226 U. S. 14. Omaha Street Ry. v. Int. Comm. Comm., 230 U. S. 324, distinguished.</p> <p>The statute of Kansas is so similar to the Federal Employers’ Liability Act that the liability of the employer is not affected by the question of which, governs the case, and it is under such circumstances unnecessary to determine which law applies.</p>