Watson v. St. Louis, I. M. & S. Ry. Co.
U.S. Circuit Court for the District of Eastern Arkansas
On Demurrer to the Complaint. The plaintiff, as administratrix of the estate of her deceased husband, seeks by this action to recover damages under the act of Congress approved April 22, 1908 (chapter 149, 35 Stat. 65) generally referred to as the “Employer’s Liability Act.”
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On Demurrer to the Complaint. The plaintiff, as administratrix of the estate of her deceased husband, seeks by this action to recover damages under the act of Congress approved April 22, 1908 (chapter 149, 35 Stat. 65) generally referred to as the “Employer’s Liability Act.” The material allegations of the complaint are: That the defendant is a railway corporation, a common carrier engaged in commerce between the states of Arkansas and Missouri; that on June 19,. 1908, plaintiff’s intestate was employed as fireman on one of defendant’s locomotives then engaged in interstate commerce; and that…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). Without setting out the complaint in full, it is sufficient to say that it states a good cause of action under the act of Congress. It alleges every fact necessary to show: That the death of plaintiff’s intestate result*944ed from the negligence and wrongful acts of the conductor and engineer in charge of the train and locomotive on which her intestate was, at the time, employed and acting as a fireman; that at the time of the accident the train on which he was employed was engaged in transportation between the states of Arkansas and Missouri; that he left, him…
2Cases cited62 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Twining v. New JerseySupreme Court of the United States · 1908
- In Re DebsSupreme Court of the United States · 1895
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
57 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. RockSupreme Court of the United States · 1929
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- McGoon v. Northern Pac. Ry. Co.District Court, D. North Dakota · 1913
- Walsh v. New York, N. H. & H. R.U.S. Circuit Court for the District of Massachusetts · 1909
19 more not listed; retrieve them via the Exa API.