Fulgham v. Midland Valley R. Co.
U.S. Circuit Court for the District of Western Arkansas
At law. The questions discussed and decided in this case arose upon an argument based upon two motions, the one to strike out certain portions of the complaint which looked to the recovery of damages by the plaintiff as administrator of the estate of -E. C. Pogue, deceased, for the benefit of said estate, growing out of pain and suffering and loss of time and expenses incurred by the deceased before his death; and in the other motion it was insisted that the complaint…
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At law. The questions discussed and decided in this case arose upon an argument based upon two motions, the one to strike out certain portions of the complaint which looked to the recovery of damages by the plaintiff as administrator of the estate of -E. C. Pogue, deceased, for the benefit of said estate, growing out of pain and suffering and loss of time and expenses incurred by the deceased before his death; and in the other motion it was insisted that the complaint contained in one count two separate and distinct causes of action, and defendant moved the court to require plaintiff to elect…
1Opinion of the Court
ROGERS, District Judge.
On April 22, 1908, Congress passed what is known as the “Railroad Company Employer’s Liability Act,” the first section of which is as follows:
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that every common carrier by railroad while engaging in commerce between any of the several states or territories, or between any of the states and territories, or between the District of Columbia and any of the states or territories, or between the District of Columbia or any of the states or territories and any…
2Cases cited28 opinions
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Goodyear v. DavisSupreme Court of Kansas · 1923
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Watson v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1909
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
17 more not listed; retrieve them via the Exa API.