# The Employers'liability Cases

> Supreme Court of the United States · January 6, 1908 · 207 U.S. 463

URL: https://www.frixlaw.com/law-library/cases/9418103

## Case

- **Full name:** The Employers’ Liability Cases
- **Court:** Supreme Court of the United States
- **Decided:** January 6, 1908
- **Citations:** 207 U.S. 463; 28 S. Ct. 141; 52 L. Ed. 297; 1908 U.S. LEXIS 1412
- **Precedential status:** Published
- **Opinion:** Concurrence by Peckham
- **Judges:** Holmes, White, Peckham, Moody, Harlan, Day
- **Cited by:** 294 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9418103

## How later opinions describe it (automated extraction)

- holding unconstitutional jurisdictional provision in Federal Employers Liability Act (FELA) covering the employees of "every common carrier engaged in trade or commerce"

## Opinion text

Mb. Justice Peckham,
concurring.
I concur in the result of the foregoing opinion, but I am, not prepared to agree with all that is stated as to the power of Congress to legislate upon the subject of the relations between master and servant.
I concur in the -proposition, that as to traffic or other matters within the State, the act is unconstitutional, and it cannot be separated from that part which is claimed to be valid as relating to interstate commerce. As that is all' that it is necessary to decide in this case, I place my concurrence, upon that part of the opinion which decides it.
I am authorized to state that the Chief Justice and Mr. Justice Breweb agree in this view.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9418103. Public record. Not legal advice.