State Ex Rel. Mulcahy v. Hostetter

This is certiorari to review for conflict with our decisions the opinion of respondents in Mulcahy v. Terminal Railroad Assn. of St. Louis (Mo. App.), 123 S. W. (2d) 235. The issue was whether the plaintiff’s claim was under the Missouri Yrorkmen’s Compensation Law (Secs. 3299-3376, R. S. 1929, Ann. Stat., pp. 8229-8294) or the Federal Employers’ Liability Act, 45 U. S. C. A., sections 51-59.

These facts are found in the opinion.' The plaintiff, relator here, is the widow of Robert Mulcahy, deceased, who was in the employ of the railroad as a watchman. In addition to the usual duties of- a…