Rich v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Seott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The defense, stricken out by the court, set up a state of facts showing the death of plaintiff’s husband occurred while he was in the employ of the defendant, and while the defendant was engaging in commerce between states, and, therefore, her cause of action, if any she has, arose under the laws of the United States, and she could not maintain the suit in her own name, but under the act of Congress the…
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Appeal from Seott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The defense, stricken out by the court, set up a state of facts showing the death of plaintiff’s husband occurred while he was in the employ of the defendant, and while the defendant was engaging in commerce between states, and, therefore, her cause of action, if any she has, arose under the laws of the United States, and she could not maintain the suit in her own name, but under the act of Congress the personal representative of her deceased husband must sue. 35 U. S. Statutes at Large, p. 65, sec. 1; Colasurdo v. Railroad,…
1Opinion of the CourtNortoni, J.
— This, is a suit for damages alleged to have accrued to plaintiff! because of the death of her husband through the wrongful act of defendant. Plaintiff recovered in the amount of $7000 and defendant prosecutes the appeal.
The suit proceeds under the Missouri statutes which operate the transmission of a cause of action, not exceeding $10,000, to the wife for the death of her husband, resulting from the wrongful act of another. At the time of his death, September 3, 1909, plaintiff’s husband, Andrew J. Rich, was in the employ of defendant as the foreman of a switching crew, engaged in switching…
2Cases cited16 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Second Employers'liability CasesSupreme Court of the United States · 1912
- The LottawannaSupreme Court of the United States · 1875
- Smith v. AlabamaSupreme Court of the United States · 1888
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
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3Cited by10 opinions
- Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
- Vaughan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Sells v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1915
- Gaddy v. . R. R.Supreme Court of North Carolina · 1918
- Thompson v. Wabash RailroadSupreme Court of Missouri · 1914
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