Ross v. Schooley
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois. Action by Pearl I. Schooley, administratrix of the estate of Otto Schooley, deceased, against Walter D. Ross, as receiver of the Toledo, St. Louis & Western Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BAKER, Circuit Judge.
Schooley, a brakeman on plaintiff in error’s interstate railroad, met his death in Illinois by reason of defective couplers. Defendant in error recovered judgment for damages on account of the violation of the federal Safety Appliance Act. U. S. Comp. Stat. §§ 8605, 8613, 8617.
Because defendant in error omitted to aver and prove that decedent at the time of his injury was engaged in interstate commerce, the contention is made that the exclusive right and remedy are under the Illinois Workmen’s Compensation Act, which was in force at the time of the accident. Hurd’s Ill.…
2Cases cited10 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tipton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1936
- Roxford Knitting Co. v. Moore & Tierney, Inc.Court of Appeals for the Second Circuit · 1920
- Wisconsin Granite Co. v. StateSouth Dakota Supreme Court · 1929
- Reap v. HinesCourt of Appeals for the Second Circuit · 1921
- Miller v. Reading Co.Supreme Court of Pennsylvania · 1927
8 more not listed; retrieve them via the Exa API.