Opinion · Supreme Court of the United States
North Carolina Railroad v. Lee
260 U.S. 16
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1922-10-16
- Topic
- general
Mr. Justice Brandeis delivered the opinion of the Court. The Southern Railway includes a line in North Carolina which is held under a. ninety-nine year lease. On that line an employee was killed in March, 1919 — apparently while engaged in intrastate commerce. His admin-istratrix brought, in a court of the State, this action for damages, alleging that the line was then being operated *17 by the Southern as lessee, and that the lessee’s negligence in operation caused the injury.
Citator
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- Cited by
- 30 opinions
NORTH CAROLINA R.R.v. LEE,260 U.S. 16(1922)
43 S.Ct. 2
NORTH CAROLINA RAILROAD COMPANYv. LEE, ADMINISTRATRIX OF LEE.
CERTIORARI TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA.
No. 33.
Argued October 6, 1922.
Decided October 16, 1922.
CERTIORARI to review a judgment of the Supreme Court of North
Carolina affirming a judgment against the present petitioner in
an action for death by negligence.
The Government operated this railroad not as lessee, but under a right in the nature of eminent domain. It operated through the Director General, not through the Southern Company as agent. TheAult Caseholds that the Director General alone was made subject, by § 10 of the Federal Control Act, to the "liabilities as common carriers, whether arising under State or Federal laws or at common law." To permit an action for injuries suffered during federal control to be brought either against the Southern Company as lessee, or against the North Carolina Company as lessor, would be inconsistent with the provisions of that act. This is now recognized by thePage 18Supreme Court of North Carolina.Lanev.Southern Ry. Co.,182 N.C. 774;Barbeev.North Carolina R.R. Co.,182 N.C. 775.Reversed.