RAILROADS - DAMAGES UNDER EMPLOYERS' LIABILITY ACT - USE OF ANNUITY PAYMENTS UNDER RAILROAD RETIREMENT ACT IN MITIGATION OF DAMAGES

Authors

William H. Klein, University of Michigan Law SchoolFollow

Abstract

A recent decision raised the question of the right of a railroad defendant, against whom suit had been brought under the Federal Employers' Liability Act of I908, to plead in mitigation of damages plaintiff's eligibility for an annuity under section z(3) of the Railroad Retirement Act of I937. The court, holding that plaintiff was not eligible for an annuity under the provisions of the Retirement Act, found it unnecessary to pass on the issue. It is proposed in this comment to suggest and analyze the more important arguments on which the solution of the problem, left undecided by that decision, will hinge and to determine, as far as possible, the probable course of judicial action when a determination of the question shall be required.

Recommended Citation

William H. Klein, RAILROADS - DAMAGES UNDER EMPLOYERS' LIABILITY ACT - USE OF ANNUITY PAYMENTS UNDER RAILROAD RETIREMENT ACT IN MITIGATION OF DAMAGES, 38 Mich. L. Rev. 1073 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss7/9