Walker v. Iowa Cent. Ry. Co.
District Court, S.D. Iowa
At Law. Action by Allen H. Walker against the Iowa Central Railway Company and others. On demurrer to the amended petition. The action was originally commenced in the state court August 30, 1909, and later removed by the railway company to the United States Circuit Court for this district.
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At Law. Action by Allen H. Walker against the Iowa Central Railway Company and others. On demurrer to the amended petition. The action was originally commenced in the state court August 30, 1909, and later removed by the railway company to the United States Circuit Court for this district. The action is to recover jointly from the defendant railway company, and Clarence Helm and J. W. Sehreve, engineer and conductor, respectively, of one of its trains, damages for a personal injury alleged to have been suffered by the plaintiff and caused by the railway company and its said engineer and…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). [1] The Supreme Court of the United States has repeatedly stated and heid what is necessary for an employé or his personal representatives to allege and prove to warrant a recovery under the Employers’ Liability Act of Congress for an injury suffered by the employé while in the service of the carrier in such commerce. In Illinois Central Railroad Co. v. Behrens, 233 U. S. 473, 34 Sup. Ct. 646, 58 L. Ed. 1051, Ann. Cas. 1914C, 163, Mr. Justice Van Devanter, speaking for the court, said of this question:
“Passing from the question of power [to enact the…
2Cases cited20 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- MacOmber v. De Bardeleben Coal Co.Supreme Court of Louisiana · 1942
- Matthews v. Southern Pacific Co.California Court of Appeal · 1936
- Western Union Telegraph Co. v. CondittCourt of Appeals of Texas · 1920
- Chicago, R. I. & G. Ry. Co. v. BernnardCourt of Appeals of Texas · 1925
7 more not listed; retrieve them via the Exa API.