mondou new york argued decided january action citizen connecticut railroad corporation state recover personal injuries suffered plaintiff defendant service injuries occurred connecticut august action commenced one superior courts state october following right action based solely act congress april stat chap comp stat supp according complaint injuries occurred defendant common carrier railroad engaged commerce plaintiff locomotive fireman employed defendant commerce injuries proximately resulted negligence plaintiff fellow servants also employed defendant commerce demurrer complaint interposed upon grounds first act congress repugnant designated aspects constitution second even act valid right action thereunder enforced courts state demurrer sustained judgment rendered plaintiff judgment subsequently affirmed errors state atl upon authority hoxie new york atl ann cas plaintiff sued present writ error action personal representative deceased employee railroad corporation recover exclusive benefit surviving widow death employee resulted injury suffered course employment injury death occurred montana september action commenced circuit district minnesota october right action based solely act congress mentioned appeared complaint injury occurred defendant common carrier railroad engaged commerce deceased locomotive fireman employed defendant commerce injury proximately resulted negligence fellow servants deceased also employed defendant commerce deceased resided montana died without issue surviving father mother leaving widow also sister statutes montana applicable recovery equal benefit widow sister exclusive benefit widow prayed complaint provided act congress defendant challenged validity act demurrer complaint subsequent proceedings insisted recovery benefit widow sister jointly benefit widow alone demurrer insistence overruled judgment rendered plaintiff exclusive benefit widow prayed direct writ error defendant seeks reversal judgment nos writs error relate judgment single case action personal representative deceased employee railroad corporation recover benefit surviving widow children death employee resulted injury suffered course employment injury death occurred connecticut february action commenced circuit district massachusetts july following right action asserted second count declaration based act congress mentioned several counts may passed without special notice charged second count injury occurred defendant common carrier railroad engaged commerce deceased course employment defendant commerce engaged replacing drawbar one defendant cars use commerce injury proximately resulted negligence fellow servants deceased pushing cars one working demurrer count challenged validity act congress demurrer overruled defendant answered putting issue stated count also alleging deceased negligence contributed injury resulted death therefore damages diminished proportion amount negligence attributable trial jury resulted verdict judgment plaintiff upon second count judgment defendant upon counts party sued direct writ error defendant calls question ruling upon demurrer rulings progress cause notably related nature employment deceased fellow servants whose conduct question engaged time injury admeasurement damages plaintiff makes complaint judgment upon second count shall affirmed wishes waive objections judgment upon counts act whose validity drawn guestion stat chap comp stat supp amendment april stat chap follows act relating liability common carriers railroad employees certain cases enacted senate house representatives america congress assembled every common carrier railroad engaging commerce several territories territories district columbia territories district columbia territories foreign nation nations shall liable damages person suffering injury employed carrier commerce case death employee personal representative benefit surviving widow husband children employee none employee parents none next kin dependent upon employee injury death resulting whole part negligence officers agents employees carrier reason defect insufficiency due negligence cars engines appliances machinery track roadbed works boats wharves equipment sec every common carrier railroad territories district columbia panama canal zone possessions shall liable damages person suffering injury employed carrier said jurisdictions case death employee personal representative benefit surviving widow husband children employee none employee parents none next kin dependent upon employee injury death resulting whole part negligence officers agents employees carrier reason defect insufficiency due negligence cars engines appliances machinery track roadbed works boats wharves equipment sec actions hereafter brought common carrier railroad virtue provisions act recover damages personal injuries employee injuries resulted death fact employee may guilty contributory negligence shall bar recovery damages shall diminished jury proportion amount negligence attributable employee provided employee may injured killed shall held guilty contributory negligence case violation common carrier statute enacted safety employees contributed injury death employee sec action brought common carrier virtue provisions act recover damages injuries death employees employee shall held assumed risks employment case violation common carrier statute enacted safety employees contributed injury death employee sec contract rule regulation device whatsoever purpose intent shall enable common carrier exempt liability created act shall extent void provided action brought common carrier virtue provisions act common carrier may set therein sum contributed paid insurance relief benefit indemnity may paid injured employee person entitled thereto account injury death said action brought sec action shall maintained act unless commenced within two years day cause action accrued sec term carrier used act shall include receiver receivers persons corporations charged duty management operation business common carrier sec nothing act shall held limit duty liability common carriers impair rights employees act acts congress affect prosecution pending proceeding right action act congress entitled act relating liability common carriers district columbia territories common carriers engaged commerce foreign nations employees approved june eleventh nineteen hundred six stat chap comp stat supp approved april act amend act entitled act relating liability common carriers railroad employees certain cases approved april nineteen hundred eight enacted senate house representatives america congress assembled act entitled act relating liability common carriers railroad employees certain cases approved april nineteen hundred eight amended section six said section shall read sec action shall maintained act unless commenced within two years day cause action accrued act action may brought circuit district residence defendant cause action arose defendant shall business time commencing action jurisdiction courts act shall concurrent courts several case arising act brought state competent jurisdiction shall removed sec said act amended adding following section section nine said act right action given act person suffering injury shall survive personal representative benefit surviving widow husband children employee none employee parents none next kin dependent upon employee cases shall one recovery injury approved april donald perkins mondou charles bunn northern samuel anderson babcock administratrix john hall edward robbins joseph berry new york co late solicitor general bowers attorney general wickersham special assistant attorney general mcreynolds amicus curioe endicott saltonstall george burrage walsh administratrix justice van devanter stating cases delivered opinion principal questions presented cases discussed bar briefs may congress exertion power interstate commerce regulate relations common carriers railroad employees engaged commerce congress exceeded power regard prescribing regulations embodied act question regulations supersede laws far latter cover field may rights arising regulations enforced right courts jurisdiction fixed local laws adequate occasion clauses constitution art clauses confer upon congress power regulate commerce among several make laws shall necessary proper purpose considered often varied connections propositions bearing upon extent nature power come firmly settled longer open dispute among term comprehends mere exchange goods embraces commercial intercourse branches including transportation passengers property common carriers whether carried water land phrase several marks distinction purpose governmental regulation commerce concerns two commerce confined single state affect power regulate former conferred upon congress regulation latter remaining leverally regulate sense intended foster protect control restrain appropriate regard welfare immediately concerned public large power commerce among conferred upon congress complete extends incidentally every instrument agent commerce carried may exerted utmost extent every part commerce subject limitations save prescribed constitution course extend matter thing real substantial relation part commerce among instruments agents power extends railroads transportation one state another conducted engines cars transportation effected wise engaged transportation whether common carriers employees duties common carriers respect safety employees engaged commerce among liability former injuries sustained latter engaged real substantial relation commerce therefore within range power cooley port wardens ed lottawanna rodd heartt wall ed sherlock alling ed smith alabama ed inters com sup nashville alabama ed inters com sup peirce van dusen app fed baltimore baugh ed sup patterson eudora ed sup johnson southern ed sup schlemmer buffalo ed sup employers liability cases howard illinois ed sup adair ed sup ann cas baltimore interstate commerce commission ed sup southern ed sup well said brief prepared late solicitor general always rate commerce act congress course anything exercise fair discretion may deemed appropriate save act interstate commerce prevention interruption make act secure reliable efficient act interstate commerce done labor men help things men things agents instruments commerce agents instruments destroyed act commerce stopped agents instruments interrupted commerce interrupted agents instruments right kind quality commerce consequence becomes slow costly unsafe otherwise inefficient conditions agents instruments work commerce wrong disadvantageous bad conditions may often prevent interrupt act commerce make less expeditious less reliable less economical less secure therefore congress may legislate agents instruments interstate commerce conditions agents instruments perform work interstate commerce whenever legislation bears exercise fair legislative discretion deemed bear upon reliability promptness economy security utility interstate commerce act view settled propositions admit doubt answer first questions stated must congress exertion power interstate commerce may regulate relations common carriers railroad employees engaged commerce subject always limitations prescribed constitution qualification particulars relations regulated must real substantial connection interstate commerce carriers employees engaged come inquire whether congress exceeded power regard prescribing regulations embodied present act objected abrogation rule extension carrier liability cases death restriction defenses contributory negligence assumption risk tendency promote safety employees advance commerce engaged liability imposed injuries sustained one employee negligence another although confined instances injured employee engaged interstate commerce confined instances employees engaged act offends amendment constitution unwarrantably interfering liberty contract arbitrarily placing employers engaged interstate commerce railroad disfavored class employees engaged commerce favored class briefly stated departures common law made portions act first objection leveled rule negligence one employee resulting injury another attributed common employer displaced rule imposing upon employer responsibility injury done common law injured person employee rule exonerating employer liability injury sustained employee concurring negligence employer employee abrogated instances employer violation statute enacted safety employees contributes injury instances displaced rule comparative negligence whereby exoneration proportional part damages corresponding amount negligence attributable employee rule employee deemed assume risk injury even due employer negligence employee voluntarily entered remained service actual presumed knowledge conditions risk arose abrogated instances employer violation statute enacted safety employees contributed injury rule denying right action death one person caused wrongful act neglect another displaced rule vesting right action personal representatives deceased benefit designated relatives objection changes enough observe first person property vested interest rule common law one forms municipal law sacred rights property created common law taken away without due process law rule conduct may changed legislature unless prevented constitutional limitations indeed great office statutes remedy defects common law developed adapt changes time circumstances munn illinois ed martin pittsburg burg ed sup ann cas lottawanna rodd heartt wall ed western teleg commercial mill ed sup second natural tendency changes described impel carriers avoid prevent negligent acts omissions made bases rights recovery statute creates defines whatever makes end tends promote safety employees advance commerce engaged entertain doubt making changes congress acted within limits discretion confided constitution lottery case champion ames ed sup atlantic coast line riverside mills ed sup unmindful end measurably attained remedial legislation several legislation far uniform undoubtedly rested congress determine whether national law operating uniformly upon carriers railroad engaged interstate commerce better subserve needs commerce lottawanna rodd heartt wall ed baltimore baugh ed sup second objection proceeds upon theory even although congress power regulate liability carrier injuries sustained one employee negligence another engaged interstate commerce power embrace instances negligent employee engaged intrastate commerce mistaken theory treats source injury rather effect upon interstate commerce criterion congressional power said southern ed sup power plenary competently may exerted secure safety interstate transportation employed therein matter source dangers threaten present act unlike one condemned employers liability cases howard illinois ed sup deals liability carrier engaged interstate commerce injuries sustained employees engaged commerce valid objection act embraces instances causal negligence employee engaged intrastate commerce negligence operating injuriously upon employee engaged interstate commerce effect upon commerce negligent employee also engaged therein next order objection provision declaring void contract rule regulation device purpose intent enable carrier exempt liability act creates repugnant amendment constitution unwarranted interference liberty contract suffices say view recent decisions chicago mcguire ed sup atlantic coast line riverside mills ed baltimore interstate commerce commission ed sup congress possesses power impose liability hold also possesses power insure efficacy prohibiting contract rule regulation device evasion coming question classification true liability act creates imposed interstate carriers railroad although interstate carriers imposed benefit employees carriers railroad employed interstate commerce although subjected peculiar hazards incident operation trains hazards differ employees commerce within act exposed follow classification violative process law clause amendment even assumed clause equivalent protection laws clause amendment claimed take congress power classify condemn exertions power merely occasion inequalities contrary admits exercise wide discretion classifying according general rather minute distinctions condemns done without reasonable basis therefore purely arbitrary lindsley natural carbonic gas ed sup tested standards classification objectionable like classifications railroad carriers employees like purposes assailed equal protection clause sustained repeated decisions missouri mackey ed sup louisville melton ed sup mobile turnipseed ed sup follows answer second questions stated must congress exceeded power prescribing regulations embodied present act third question whether regulations supersede laws far latter cover field finds answer following extracts opinion chief justice marshall maryland wheat ed one proposition command universal assent mankind might expect government union though limited powers within sphere action seem result necessarily nature government powers delegated represents acts though one state may willing control operations state willing allow others control nation subjects act must necessarily bind component parts question left mere reason people express terms decided saying constitution laws shall made pursuance thereof law land requiring members state legislatures officers executive judicial departments shall take oath fidelity government though limited powers laws made pursuance constitution form law land constitution laws state contrary notwithstanding great principle constitution laws made pursuance thereof control constitution laws respective controlled particularly apposite repetition principle smity alabama ed inters com sup grant power congress constitution regulate commerce foreign nations among several conceded paramount legislative powers consequence granted congress reserved follows legislation state although pursuance acknowledged power reserved conflicts actual exercise power congress subject commerce must give way supremacy national authority true prior present act laws several regarded determinative liability employers engaged interstate commerce injuries received employees engaged commerce congress although empowered regulate subject acted thereon subject one falls within police power absence action congress sherlock alling ed smith alabama ed inters com sup nashville alabama ed inters com sup reid colorado ed sup crim inaction congress however wise affected power subject lottawanna rodd heartt wall ed gloucester ferry pennsylvania ed inters com sup congress acted laws far cover field superseded necessarily must yield gulf hefley ed sup southern reid ed sup northern washington ed sup come next consider whether rights arising congressional act may enforced right courts jurisdiction prescribed local laws adequate occasion first cases us begun one superior courts state connecticut case errors state answered question negative however ordinary jurisdiction superior courts defined constitution laws state deemed inadequate adapted adjudication case errors opinion congressional act impliedly restricts enforcement rights creates federal courts superior courts liberty decline cognizance actions enforce rights arising act policy manifested accord policy state respecting liability employers employees injuries received latter service former inconvenient confusing dealing cases general class apply standards right established congressional act others different standards recognized laws state quite unable assent view enforcement rights congressional act creates originally intended restricted federal courts act contains nothing suggestive restriction situation intention congress reflected provision general jurisdictional act circuit courts shall original cognizance concurrent courts several suits civil nature common law equity matter dispute exceeds exclusive interest costs sum value two thousand dollars arising constitution laws stat chap comp stat robb connolly ed sup barnes ed sup emphasized amendment engrafted upon original act effect jurisdiction courts act shall concurrent courts several case arising act brought state competent jurisdiction shall removed amendment appears language instead granting jurisdiction state courts presupposes already possessed general observations opinion errors end remaining ground decision advanced therein may accurately understood deem well observe involved attempt congress enlarge regulate jurisdiction state courts control affect modes procedure question duty ordinary jurisdiction prescribed local laws appropriate propriate occasion invoked conformity laws take congnizance action enforce right civil recovery arising act congress susceptible adjudication according prevailing rules procedure say ordinary jurisdiction prescribed local laws appropriate occasion advised decisions errors superior courts state courts general jurisdiction empowered take cognizance actions recover personal injuries death accustomed exercise jurisdiction cases right action arose laws state also cases arose another state laws circumstances laws connecticut give right recovery causal negligence fellow servant suggestion act congress harmony policy state therefore courts state free decline jurisdiction quite inadmissible presupposes legal contemplation exist congress exertion power confided constitution adopted act spoke people thereby established policy policy much policy connecticut act emanated legislature respected accordingly courts state said claflin houseman ed laws laws several much binding citizens courts thereof state laws foreign sovereignty regards several concurrent within jurisdiction paramount sovereignty act congress gives penalty meaning civil remedial party aggrieved without specifying remedy enforcement reason enforced provided otherwise act congress proper action state fact state derives existence functions state laws reason afford relief subject also laws much bound recognize operative within state recognize state laws two together form one system jurisprudence constitutes law land state courts two jurisdictions foreign treated courts country jurisdiction partly different partly concurrent true sovereignties distinct neither interfere proper jurisdiction clearly shown chief justice taney case ableman booth ed hence state courts power revise action federal courts federal state except federal constitution laws involved reason state courts open prosecution rights growing laws jurisdiction competent denied disposed believe exercise jurisdiction state courts attended appreciable inconvenience confusion may affords reason declining jurisdiction conferred law existence jurisdiction creates implication duty exercise exercise may onerous militate implication besides neither new unusual judicial proceedings apply different rules law different situations subjects even although possessing elements similarity liability public carrier personal injuries turns upon whether injured person passenger employee stranger never supposed courts liberty decline cognizance cases particular class merely rules law applied adjudication unlike applied cases conclude rights arising act question may enforced right courts jurisdiction prescribed local laws adequate occasion several rulings progress cause covered already said called question suffices say carefully considered find reversible error nos judgments affirmed judgment reversed cause remanded proceedings inconsistent opinion