Anderson v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by W. K. Anderson, administrator of Ray Farmer, deceased, against the Louisville & Nashville Railroad Company. To review a judgment of dismissal, plaintiff brings error. Plaintiff’s decedent, Ray Farmer, was in the employ of the railroad company as a brakeman on its line between Etowah, Tenn., and Corbin, Ky.
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In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by W. K. Anderson, administrator of Ray Farmer, deceased, against the Louisville & Nashville Railroad Company. To review a judgment of dismissal, plaintiff brings error. Plaintiff’s decedent, Ray Farmer, was in the employ of the railroad company as a brakeman on its line between Etowah, Tenn., and Corbin, Ky. Ha was a resident of Whitley county, I-Cy., and the railroad company is a corporation of that state. January 1, 1909, Farmer was killed in the yards of the company…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] The decisive question is whether, notwithstanding the previous appointment of the Kentucky administratrix, the Tennessee adminis*691trator can for the purposes of the suit be rightfully treated as the decedent’s “personal representative” within the meaning of that portion of the federal Employers’ Liability Act, which in terms declares the railroad company “shall be liable in damages” to the deceased employe’s “personal representative, for the benefit of the surviving widow * * * and children of such employe” (35 Stat. L- 65).
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2Cases cited20 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
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3Cited by18 opinions
- Henkel v. HoodNew Mexico Supreme Court · 1945
- Briggs v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1946
- Edwards v. SullivanNew York Supreme Court · 1949
- Willis v. Pan American Refining Corp.District Court, D. Maryland · 1939
- Southern Railway Co. v. MooreSupreme Court of South Carolina · 1930
13 more not listed; retrieve them via the Exa API.