Legal Opinion
Dewberry v. Southern Ry. Co.
District Court, N.D. Georgia
Decided January 8, 1910PublishedCited by 5 opinions
Action by Mrs. Effifi Dewberry against the Southern Railway Company. On demurrer to declaration.
1Opinion of the Court
NEWMAN, District Judge.
An interesting question is presented by the demurrer to the '■ declaration in this case, arising by reason of the-employer’s liability act of Congress of .1908 (Act Apr. 33, 1908, c. 149, 35 Stat. 65 [ U. S. Comp. St. Supp. 1909, p. 1171]). The plaintiff sites as the widow of her deceased husband, who was killed while in the employ, of the defendant-railway company. The suit is brought under the Georgia statute, which provides that a widow may recover for the homicide of her husband. The declaration, discloses the fact, .however,'that the-deceased was running as an…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Nashville, Chattanooga & St. Louis Railway v. AlabamaSupreme Court of the United States · 1888
- Mississippi Railroad Commission v. Illinois Central RailroadSupreme Court of the United States · 1906
- Fulgham v. Midland Valley R. Co.U.S. Circuit Court for the District of Western Arkansas · 1909
3Cited by5 opinions
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. of Texas v. TurnerCourt of Appeals of Texas · 1911
- Gulf, C. & S. F. Ry Co. v. LesterCourt of Appeals of Texas · 1912
- Troxell v. Delaware, L. & W. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910
- Cory v. Lake Shore & M. S. Ry. Co.District Court, N.D. Ohio · 1911