Kansas City Southern Railway Co. v. Cook
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jeff T. Cowling, Judge; 1. The amendatory act of April 5,1910, does not prohibit the removal of this cause. Whether or not the action arises under the act of Congress must be’ determined from the allegations in the complaint; and if there is any doubt on the question, it must be resolved against the plaintiff.
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Appeal from Little River Circuit Court; Jeff T. Cowling, Judge; 1. The amendatory act of April 5,1910, does not prohibit the removal of this cause. Whether or not the action arises under the act of Congress must be’ determined from the allegations in the complaint; and if there is any doubt on the question, it must be resolved against the plaintiff. Where a party brings a suit and desires that it be brought under a certain act, it is necessary that his complaint make all allegations required by the act, so that no question can arise as to the suit being brought under that act. Decennial Dig.,…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. H. Cook, instituted this action in the circuit court of Polk County against defendant, Kansas City Southern Railway Company, to recover damages sustained while plaintiff was at work in the service of defendant as a brakeman on a freight train. The action is brought under the act of Congress approved April 22, 1908, generally known as the “Employers’ Liability Act,” and the amendment thereto approved April 5, 1910.
It was alleged in the complaint.and proved at the trial that the plaintiff was swing brakeman on a local freight train running from Texarkana, Texas, to Mena,…
2Cases cited14 opinions
- Houston v. MooreSupreme Court of the United States · 1820
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Gaines v. FuentesSupreme Court of the United States · 1876
- Amory v. AmorySupreme Court of the United States · 1877
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ramsouer v. Midland Valley R. Co.District Court, W.D. Arkansas · 1942
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Symonds v. St. Louis & S. E. Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
- Sears v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1924
- Mosley v. RainesSupreme Court of Arkansas · 1931
9 more not listed; retrieve them via the Exa API.