St. Louis S. F. R. Co. v. Dorman
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. Action by Mrs. Rhoda Dorman, as administratrix of the estate of George M. Dorman, for the damages for the death of said Dorman, against the St. Louis & San Francisco Railroad Company, the action being under the federal Employers’ Liability Act. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. Action by Mrs. Rhoda Dorman, as administratrix of the estate of George M. Dorman, for the damages for the death of said Dorman, against the St. Louis & San Francisco Railroad Company, the action being under the federal Employers’ Liability Act. Judgment for the plaintiff, and defendant appeals. The trial was had on count 2 of the complaint, which is as follows: “Plaintiff, who sues as the administratrix of the Estate of George M. Dorman, deceased, claims of tlje defendants $100,000 damages for that on, to wit, July 22, 1917,…
1Opinion of the CourtSomerville, J.
[1] The complaint in this case is framed under the federal Employers’ Liability Act (35 U. S. Stat. 65: U. S. Comp. St. §§ 8657-S665). It not only con tains no allegation that the action is brought for the benefit of a surviving widow, or children, or other relatives, who were dependent upon the decedent, or who reasonably expected actual pecuniary benefit from him if he had remained alive; but it does not even show that a widow, or children, or other relatives in fact survived him. Such showings are necessary under the statute, since otherwise no cause of action survives, and the…
2Cases cited28 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Garrett v. Louisville & Nashville RailroadSupreme Court of the United States · 1914
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3Cited by50 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Gustine v. StateSupreme Court of Florida · 1923
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1940
- McKinnon v. PolkSupreme Court of Alabama · 1929
- Continental Casualty Co. v. PaulSupreme Court of Alabama · 1923
45 more not listed; retrieve them via the Exa API.