Dooley v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Justice, Jat March Term, 1913, of New HaNOVee. This is an action brought under the Federal Employer’s Liability Act of 1908, as amended in 1910, to recover damages for wrongful death.
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Appeal by defendant from Justice, Jat March Term, 1913, of New HaNOVee. This is an action brought under the Federal Employer’s Liability Act of 1908, as amended in 1910, to recover damages for wrongful death. The first section of the act of 1908 is as follows: “Sec. 1. 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 foreign…
1Opinion of the Court
Allen, J.,
after stating the case: The appeal presents two questions for decision:
1. Can an action be maintained for the benefit of the father under the Federal Employer’s Liability Act for the wrongful death of an adult son, without alleging and proving that the father was dependent on the son?
2. If the action can be maintained, did his Honor instruct the jury correctly as to the measure of damages?
Both questions would be answered in the affirmative if we were dealing with an action under the statute of this State, but the action is brought under the Federal statute, and in so far as it has…
2Cases cited6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- International & G. N. R. R. v. KindredTexas Supreme Court · 1882
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Hillebrand v. Standard Biscuit Co.California Supreme Court · 1903
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- Weleetka Cotton Oil Co. v. BrookshireSupreme Court of Oklahoma · 1917
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