Legal Opinion

Frese v. Chicago, Burlington & Quincy Railroad

Supreme Court of the United States

Decided October 15, 1923No. 27PublishedCited by 106 opinions

1Opinion of the CourtJustice Holmes

This is an action in Missouri under the Federal Employers’ Liability Act for the death of the plaintiff’s (petitioner’s) intestate, caused by a collision in Illinois .between engines of the defendant and the Wabash Railroad Company at a grade crossing. The deceased, Frese, was the engineer in charge of the defendant’s engine. A statute of Illinois [Hurd’s Rev.'Stats., 1916, c. 114, § 75] required that “All trains running on any railroad in this State, when approaching a crossing with another railroad upon the same level, or when approaching a swing or draw bridge, in use as such, shall be…

2Cases cited3 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Southern Railway Co. v. KingSupreme Court of the United States · 1910
  3. Frese v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1921

3Cited by106 opinions

  1. Davis v. KennedySupreme Court of the United States · 1924
  2. Walker v. Lykes Bros. S.S. Co., IncCourt of Appeals for the Second Circuit · 1952
  3. McGivern v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1942
  4. Rogers v. ThompsonSupreme Court of Missouri · 1954
  5. Chesapeake & Ohio Railway Co. v. StapletonSupreme Court of the United States · 1929

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