Selected Cases in Constitutional Law Electronic Resource
Selected Cases in Constitutional Law Electronic Resource
H Edgar Harold Edgar Barnes
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United States, 222 U. S. 20, that power is plenary, and competently may be exerted to secure the safety of interstate transportation and of those who are employed therein, no matter what the source of the dangers which threaten it. The present act, unlike the one con- demned in Employers' Liability Cases (Howard v. Illinois C. R. Co. ), 207 U. S. 463, deals only with the liability of a carrier engaged in interstate commerce for injuries sustained by its employees while engaged in such commerce.... And this being so, it is not a valid ob- jection that the act embraces instances where the causal negligence is that of an employee engaged in intrastate commerce; for such negligence, when operating injuriously upon an employee engaged in interstate commerce, has the same effect upon that commerce as if the negligent employee were also engaged therein. Next in order is the objection that the provision in Section 5, declaring void any contract, rule, regulation, or device, the purpose or intent of which is to enable a carrier to exempt itself from the liability which the act creates, is repugnant to the Fifth Amendment to the Constitution as an unwarranted interference with the liberty of contract.
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