Flack v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. Daniel E. Bird, Judge. (1) The case falls within the purview of the Federal Employers’ Act of April 22, 1908 (35 U. S. Stat., p. 65, c. 149), as amended by the Act of April 5, 1910 (36 U. J3. Stat., p. 291, c. 143). Seaboard Air Line Ry. v. Horton, 233 U. S. 501; Railroad v. Slavin, 236 U. S. 454; Southern Ry.
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Appeal from Jackson Circuit Court.—Hon. Daniel E. Bird, Judge. (1) The case falls within the purview of the Federal Employers’ Act of April 22, 1908 (35 U. S. Stat., p. 65, c. 149), as amended by the Act of April 5, 1910 (36 U. J3. Stat., p. 291, c. 143). Seaboard Air Line Ry. v. Horton, 233 U. S. 501; Railroad v. Slavin, 236 U. S. 454; Southern Ry. Co. v. Gray, 241 U. S. 338. (2) On the entire record plaintiff was not entitled to recover, (a) Because the accident and'death of S. C. Flack, deceased, was due solely to his negligence and his negligence was the sole proximate cause of said…
1Opinion of the CourtWilliamson, J.
This is a suit in damages on the part of Mary Flack, administratrix of the estate of S. C. Flack, .deceased, against the Atchison, Topeka & Santa Fe Railway Company. The suit is brought under the provisions of the Federal Employers Liability Act. After formal allegations, the plaintiff alleges “that about 5.45 a. m., September 1, 1915, decedent’s attention was called by one of defendant’s employees to the fact that steam was leaking from around a wash-out plug on the boiler of an engine which was being put in readiness for use; that ivhen an attempt was made to tighten said washout plug, the…
2Cases cited13 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
- Jackson v. HardinSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Meierotto v. ThompsonSupreme Court of Missouri · 1947
- Lyle v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Seventh Circuit · 1949
- Kamer v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1930
- Brady v. Wabash Railway Co.Supreme Court of Missouri · 1932
- Perry v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1937
6 more not listed; retrieve them via the Exa API.