St. Louis & San Francisco Railroad v. Conarty
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The court erred in refusing to transfer to the Federal court. Congress has no power to confer jurisdiction upon a State court. The exception in the employers’ liability act as amended April 5, 1910, attempting to deprive a defendant of the right of removal to the Federal court is clearly unconstitutional. Art. 3, § § 1-3, Const. U. S.; 36 Fed. 337-355; 33 Fed. 84, 85; 1 Wheaton, 304-327; 98 Fed. 833-837; 165 TJ.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The court erred in refusing to transfer to the Federal court. Congress has no power to confer jurisdiction upon a State court. The exception in the employers’ liability act as amended April 5, 1910, attempting to deprive a defendant of the right of removal to the Federal court is clearly unconstitutional. Art. 3, § § 1-3, Const. U. S.; 36 Fed. 337-355; 33 Fed. 84, 85; 1 Wheaton, 304-327; 98 Fed. 833-837; 165 TJ. S. 275-279; 3 Clifford, 552-560; 45 Fed. 804-810; 3 McLean, 204; 20 Fed. 690, 691; 81 Fed. 518; 215 TJ. S. 437. 2. At…
1Opinion of the CourtMcCulloch, C. J.
This action was instituted by Fannie M. Conarty as administratrix of the estate of W. Gr. Conarty, deceased, against the St. Louis & San Francisco Railroad Company, to recover damages, for the benefit of herself, as widow, and her children, as next of kin of said decedent, on account of the death of said decedent, which is alleged to have resulted from the wrongful act of defendant in using a car not equipped with safety appliances required by the Federal statute. It is alleged that the car in question was being used in interstate commerce, and that decedent was employed by defendant and was…
2Cases cited11 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
- United States v. ClarkSupreme Court of the United States · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of Arkansas · 1914
- Saint Louis-San Francisco Rd. Co. v. PearsonSupreme Court of Arkansas · 1926
- Chicago, Rock Island & Pacific Railway Co. v. JenkinsSupreme Court of Arkansas · 1931
- St. Louis, Iron Mountain & Southern Railway Co. v. SharpSupreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.