St. Louis, Iron Mountain & Southern Railway Co. v. Hesterly
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. This suit was 'brought by the administrator of the estate of Wm. B. Hesterly, deceased, to recover damages for the benefit of the estate and the next of kin on account of an injury to deceased which resulted in his death about five hours afterwards. The complaint was in two paragraphs.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. This suit was 'brought by the administrator of the estate of Wm. B. Hesterly, deceased, to recover damages for the benefit of the estate and the next of kin on account of an injury to deceased which resulted in his death about five hours afterwards. The complaint was in two paragraphs. It alleged that the defendant was operating a line of railroad as a common carrier of freight and passengers in the State of Oklahoma, and that deceased was a brakeman on defendant’s said line in Oklahoma, and that while he was…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that this case is controlled by the Federal .Employers’ Liability Act of April 22, 1908, which, it is claimed, does not permit a recovery for pain and suffering for deceased’s estate. No mention is made in this statute of the jurisdiction of courts to enforce the rights declared or created by it, and it is well settled that State courts may exercise concurrent jurisdiction with the Federal courts in all cases arising under the Constitution, laws and treaties of the United States unless exclusive jurisdiction has been conferred expressly or…
2Cases cited18 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Smith v. AlabamaSupreme Court of the United States · 1888
- The Employers'liability CasesSupreme Court of the United States · 1908
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Midland Valley Railroad v. LemoyneSupreme Court of Arkansas · 1912
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Missouri Pacific Transportation Co. v. SimonSupreme Court of Arkansas · 1939
- St. Paul Fire and Marine Insurance Company v. ColemanDistrict Court, W.D. Arkansas · 1962
- Kansas City Southern Railway Co. v. CookSupreme Court of Arkansas · 1911
13 more not listed; retrieve them via the Exa API.