Mardis v. Hines
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Arkansas; Prank A. Youmans, Judge. Action by Earle J. Mardis against Walker D. Hines, Director General of Railroads, and the Missouri Pacific Railroad Company, for damages for personal injuries. From a judgment for defendant railroad company, on sustaining demurrer to the petition against it (258 Fed. 945), plaintiff brings error.
1Opinion of the Court
HOOK, Circuit Judge.
Mardis, a passenger on the Missouri Pacific Railroad, was injured January 26, 1918, while it was in the possession of and being operated by the Director General of Railroads under the authority of the United States. He sued both the Director General and the railroad company. On a demurrer to the petition by the latter, the trial court held there was no cause of action against it. The question here is whether the ruling was correct.
*172The Act of Congress of August 29, 1916 (Comp. St. § 1974a), authorized the President in time of war to take possession, and assume control of…
2Cases cited1 opinion
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
3Cited by12 opinions
- Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
- Adams v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1921
- Hines v. CollinsCourt of Appeals of Texas · 1920
- Fahey v. DavisMichigan Supreme Court · 1923
- Fitzsimmons Ex Rel. Fitzsimmons v. Missouri Pacific RailroadSupreme Court of Missouri · 1922
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