Polluck v. Minneapolis & St. Louis Railroad
South Dakota Supreme Court
Appeal from Circuit Court, Codington 'County. Hon. William N. Skinner, Judge. Action by Stanley Politick, against the Minneapolis & .'St. Louis Railroad 'Company, a corporation, to recover damages for personal injuries. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Codington 'County. Hon. William N. Skinner, Judge. Action by Stanley Politick, against the Minneapolis & .'St. Louis Railroad 'Company, a corporation, to recover damages for personal injuries. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited: St. Louis, San Francisco & Texas Ry. 'Co. v. Seale, 229 U. S., 57 L. Ed. 1129. Respondent cited: Wabash Railroad Co. v. Hayes, 234 U. S. 86, 34 (S. C. Rep. 729; Kanz v. J. Neils Lumber Co., 114 Minn. 466, 131 N. W. 643; Tudor v. Oreg. Short…
1Opinion of the CourtSmith, J.
This case was before this court upon a former appeal from a judgment for plaintiff. The decision will be found in 40 S. D. 186, 166 N. W. 641. Upon that appeal it was held that plaintiff was an employee of an independent contractor and could not recover under the federal Employers’ Liability Act (U. S. Comp. St. §§ 8657-8665.) . That decision was affirmed by the Supreme Court of the United States by denial of a writ of certiorari to this court, Polluck v. M. & St. L. Ry. Col, 248 U. S. 558, 39 Sup. Ct. 6, 63 L. Ed. 421.
[1] Recovery under the federal Employers’ Liability Act is limited to…
2Cases cited14 opinions
- Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Johnson v. SpearMichigan Supreme Court · 1889
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3Cited by4 opinions
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Degooyer v. HarknessSouth Dakota Supreme Court · 1944
- Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1922
- Finger v. Northwest Properties, Inc.South Dakota Supreme Court · 1934