Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — New. Geo. W. Wanamalter, Judge. (1) The deceased was not engaged in interstate commerce at the time of his death, as the accident occurred at 6:30 o’clock in the evening, after the day’s work was over, and the test as to whether or not the case is rightfully brought under the Federal Employers’ Liability Act, is what the deceased was doing at the time of the injury.
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Appeal from Grundy Circuit Court. — New. Geo. W. Wanamalter, Judge. (1) The deceased was not engaged in interstate commerce at the time of his death, as the accident occurred at 6:30 o’clock in the evening, after the day’s work was over, and the test as to whether or not the case is rightfully brought under the Federal Employers’ Liability Act, is what the deceased was doing at the time of the injury. Illinois Central v. Behrens, 233 U. S. 473;' Shank v. El. & W. Railroad., 239 U. S. 556; Erie Railroad v. Welch, 242 U. S. 303; Jacoby v. C. M. & St. P., 161 N. W. 753. (2) As deceased was an…
1Opinion of the CourtFaris, J.
This is an action brought by plaintiff, as the administratrix of one Walter Crecelius, deceased, against defendant, under the Federal Employers’ Lia,-bility Act, for the alleged negligent killing of plaintiff’s decedent. Upon a trial in the circuit court of Grundy County plaintiff had judgment for the sum of $25,000, from which judgment, after the conventional procedure, defendant has appealed.
As stated, plaintiff brings this action as the ad-ministratrix of said Crecelius, whom we. shall, for brevity, hereinafter call deceased. The deceased, a.t the time he lost his life, was in the employ…
2Cases cited24 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
- Friedman v. United Railways Co.Supreme Court of Missouri · 1922
- Hendon v. KurnSupreme Court of Missouri · 1943
- State Ex Rel. St. Louis-San Francisco Railway Co. v. HaidSupreme Court of Missouri · 1931
- State Ex Rel. Missouri-Kansas-Texas Railroad v. ShainSupreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.