Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Wulf

Supreme Court of the United States

Decided January 13, 1913No. 517PublishedCited by 353 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the construction of the Federal Employers’ Liability Act and to what extent amendments of pleadings are allowable, are stated in the opinion.

1Opinion of the CourtJustice Pitney

The defendant in error, Sallie C. Wulf, in her individual capacity, commenced this action January 23, 1909, in the Circuit Court of the United States for the Eastern District of Texas, to recover damages by reason of the death of her son, Fred S'. Wülf, which occurred November 27, 1908, while he was in the employ of the defendant , (now plaintiff in error) as a locomotive fireman, and in the performance of his duties as such upon a train bound from Parsons in the State of Kansas to Osage in the State of Oklahoma. The original petition set up diversity of citizenship, plaintiff 'being alleged…

2Cases cited5 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  4. Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
  5. American R. Co. of PR v. BirchSupreme Court of the United States · 1912

3Cited by353 opinions

  1. Kareem Garrett v. Wexford HealthCourt of Appeals for the Third Circuit · 2019
  2. Scarborough v. PrincipiSupreme Court of the United States · 2004
  3. Austin Nursing Center, Inc. v. LovatoTexas Supreme Court · 2005
  4. Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
  5. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916

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