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ROBINSON V. BALTIMORE & OHIO R. CO., 237 U. S. 84 (1915)

U.S. Supreme Court

Robinson v. Baltimore & Ohio R. Co., 237 U.S. 84 (1915)

Robinson v. Baltimore & Ohio Railroad Company

No. 167

Argued March 3, 4, 1915

Decided April 5, 1915

237 U.S. 84


In a suit for personal injuries under the Employers' Liability Act, a contract between the plaintiff and a third party may be admissible in evidence on the trial to show that plaintiff was not defendant's employee, even though a demurrer had been sustained to a special plea that the contract contained a release of liability.

A contract between the Pullman Company, as employer, and its employee releasing the employer, and also all railroad corporations over

Page 237 U. S. 85

whose lines the employer's cars were operated, from all claims for liability in personal injury sustained by the employ, held in this case valid unless the employee of the Pullman Company was also the employee of the railroad company, in which case that provision of the contract would be invalid under § 5 of the Employers' Liability Act. Congress, in legislating on the subject of carriers by rail, was familiar with the situation, and used the term employee in its natural sense, and did not intend to include as employees of the carrier persons on interstate trains engaged in various services for other masters.

40 App.D.C. 169 affirmed.

The facts, which involve the construction of the Federal Employers' Liability Act and its application to employees of others than the carrier, are stated in the opinion.

Page 237 U. S. 89

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