Lusk v. Osborn
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The facts of this case were recently before this court. 123 Ark. 94; 184 S. W. 65. There were two counts in the complaint, one alleging a cause of action under the Employer’s Liability Act, and the second under the State statute.
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Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The facts of this case were recently before this court. 123 Ark. 94; 184 S. W. 65. There were two counts in the complaint, one alleging a cause of action under the Employer’s Liability Act, and the second under the State statute. The cause was removable to the Federal Court. 229 Fed. 319; 220 Id. 731; 203 Id. 1021; 167 Id. 675. The filing of the petition and bond deprived the court of jurisdiction. 50 Ark. 388; 87 Id. 136; 75 Id. 116; 81 Fed. 518; 81 Id.-977; 176 Id. 872; 183 Id. 133; 204 U. S. 176; 215 Id. 437.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff’s intestate, T. M. Howie, was a brakeman serving on a freight train operated by the receivers of the St. Louis & San Francisco Railroad Company, a foreign corporation, and received injuries, which proved fatal, while assisting in the operation of a train engaged in interstate commerce. This is an action instituted by the administrator under the Federal Employer’s Liability Act to recover damages for the benefit of the next of kin. The injury occurred pn May 5, 1914. In the second paragraph of the complaint, charges of negligence were made against the receivers of the company,…
2Cases cited9 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
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3Cited by6 opinions
- Qualls v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1931
- Burt v. Missouri Pac. R.District Court, E.D. Arkansas · 1924
- Rhodes v. Dierks Lumber & Coal Co.Court of Appeals for the Eighth Circuit · 1940
- Harrod v. Missouri Pac. R. Co.District Court, W.D. Arkansas · 1939
- St. Louis-San Francisco Railway Co. v. BrittonSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.