Oliver Wendell Holmes, Jr.

“ The railroad company contends at some length that the case should have been taken from the jury by the direction of a verdict in its favor. As the opinion of both courts below and the jury were against it, and as we agree with their judgment, we shall not discuss this assignment of error at length. Great Northern R. Co. v. Knapp, 240 U.S. 464, 466, 60 L. ed. --, 36 Sup. Ct. Rep. 399. The facts were these: Stewart, the deceased, was engineer on a north-bound freight train upon a single track, that had to go upon a siding to make way for a south-bound freight train. ”

“ The jurt was instructed that Stewart assumed the risks incident to his employment, and that, if the application of the air brakes was made upon a reasonable belief that it was necessary to apply them in order to avoid injury to property, they should find for the defendant unless they found that the emergency was brought about by the defendant's servants in the negligent operation of the train before the brakes were applied. ”

“ The railroad company had for its principal object in bringing the case here to set up the 7th Amendment, and to deny jurisdiction in any state court where a verdict of nine or more out of the twelve men on the jury was allowed by the local law. The notion that a substantive right vesting under the law of one jurisdiction cannot be recognized and enforced in another, at least, as between the United States and a state, unless by procedure identical with that of the first, is disposed of in Minneapolis & St. ”