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Messrs. J. W. Terry, of Galveston, Tex., and Lawrence H. Cake, of Washington, D. C., and Charles K. Lee, of Fort Worth, Tex., for petitioner.
Mr. A. L. Curtis, of Belton, Tex., for respondent.
Mr. Justice McREYNOLDS delivered the opinion of the Court.
Mrs. Moser, administratrix of her husband's estate, brought suit under the federal Employers' Liability Act [275 U.S. 133, 134] (chapter 149, 35 Stat. 65; chapter 143, 36 Stat. 291 (45 USCA 51-59; Comp. St. 8657-8665)) to recover damages consequent upon his death while employed by petitioner as a brakeman. The point for consideration is whether the trial court charged the jury concerning estimation of damages according to the rule approved by this court.
The cause went to the jury upon special issues framed as questions. Answers thereto constitute the verdict. Relevant parts of special issue No. 7 follow:
Petitioner seasonably objected to the charge as-
Also to special issue No. 7 because-
And it requested the following special instruction:
This action sufficed to raise the point now presented. Refusal to grant the request was material error.
Chesapeake & Ohio R. Co. v. Kelly, Admx., 241 U.S. 485, 491 , 36 S. Ct. 630, and Chesapeake & Ohio R. Co. v. Gainey, Admr., 241 U.S. 494 , 36 S. Ct. 633, announce the applicable rule. [275 U.S. 133, 136] In the first, we distinctly stated that:
The interpretation approved by us has become an integral part of the statute. It should be accepted and followed.
The judgment below is reversed, and the cause will be remanded to the Court of Civil Appeals, Third Supreme Judicial District, state of Texas, for further proceedings not inconsistent with this opinion.
Reversed.
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Citation: 275 U.S. 133
Docket No: No. 53
Decided: November 21, 1927
Court: United States Supreme Court
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