William Howard Taft

“ We think that the statute of Kentucky, limiting the age of employees and punishing its violation, has no bearing on the civil liability of a railway to its employees injured in interstate commerce, and that application of it in this case was error. ”

“ The question squarely presented here is whether the employment by an interstate carrier in Kentucky in the business of interstate commerce of a worker under the age of 16 years is by reason of the state statute guilty of negligence justifying a recovery under the federal act for injuries received during such employment. Instruction No. 3 as given above dispenses with any burden on the part of the plaintiff to show that his injury was due to his age. ”

“ The Chesapeake & Ohio Railway Company is a railway corporation of Virginia, doing an interstate commerce business in Kentucky. The plaintiff and his father were employed by the defendant as section hands, and were engaged in maintaining the railroad and the roadbed for interstate commerce. The plaintiff was directed by his father, who was his foreman, to get water for his companions. In returning with the water, he passed between or under the cars of a train standing on a switch track. The train moved unexpectedly while he was under the cars; he was run over and sustained permanent injury. ”

“ The court said:
'It is therefore wholly beyond the power of the state Legislature to make carriers engaged in interstate commerce civilly liable in damages for injuries to their employees while engaged in such commerce for the violation of some police regulation of the state. This power of Congress, under the commerce clause of the Constitution, does not in any manner trench upon or dislodge the police power of the states over their own local and internal affairs which are reserved to them under the Tenth Amendment to the Constitution.'
See, also, St. Louis, Iron Mountain & Southern R. Co. v. ”

“ The rights and obligations of the petitioner depend upon that Act and applicable principles of common law as interpreted by the federal courts. The employer is liable for injury or death resulting in whole or in part from the negligence specified in the Act; and proof of such negligence is essential to recovery. ”

“ Hesterly, 228 U.S. 702, 33 S.C.t. 703, 57 L. Ed. 1031, it was held that the federal act saves a right of action to relatives for pecuniary loss sustained by the death of the one wrongfully injured, but does not permit a recovery for pain and suffering of the decedent, although in suits under the state law such a recovery may be had. See also Michigan Central R. Co. ”