McIntosh v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Frank ' Kelly, Judge. (1) Tie Federal Employers’ Liability Apt of April 22, 1908, is exclusive, and supersedes all State statutes regulating tie relations of railroad employers and employees engaged in interstate commerce. Act Cong., April 22, 1908-, 35 U. S. Stat. L. 65; Second Employers’ Liability Cases, (Mondou v. Railroad), 223 U. S. 1; 56 L. Ed. 327; Railroad v. Wulf, 226 IT. S. 570 ; 57 L. Ed. 355; Railroad v. Seale, 229 IT.
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Appeal from Pemiscot Circuit Court. — Hon. Frank ' Kelly, Judge. (1) Tie Federal Employers’ Liability Apt of April 22, 1908, is exclusive, and supersedes all State statutes regulating tie relations of railroad employers and employees engaged in interstate commerce. Act Cong., April 22, 1908-, 35 U. S. Stat. L. 65; Second Employers’ Liability Cases, (Mondou v. Railroad), 223 U. S. 1; 56 L. Ed. 327; Railroad v. Wulf, 226 IT. S. 570 ; 57 L. Ed. 355; Railroad v. Seale, 229 IT. S. 156; 57 L. Ed. 1129; Railroad v. Vreeland, 227 IT. S. 59; 57 L. Ed. 417; Fulgiam v. Railroad, ■ 167 Fed. 660; Kelly’s…
1Opinion of the CourtSturgis, J.
Suit for personal injuries sustained by plaintiff by reason of the negligence of a fellow-servant, both being employees of the defendant railroad and engaged in the same work. The work in which they were engaged was that of repairing a bridge constituting a part of the defendant’s roadbed. The particular instance causing the injury is that, having taken out of the bridge some defective timbers and trucked them down the track a short distance, the plaintiff and this fellow-servant were unloading the same from the truck by hand and in doing so the fellow-servant negligently dropped his end of a…
Also in this document: Concurrence.
2Cases cited16 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
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3Cited by5 opinions
- Grand Trunk Western Railway Co. v. Thrift Trust Co.Indiana Court of Appeals · 1917
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Carpenter v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915
- Jacksonville Terminal Co. v. AlstonSupreme Court of Florida · 1934
- Atlantic Coast Line R.R. Co. v. MooreSupreme Court of Florida · 1938