Swan v. Great Northern Railway Co.
North Dakota Supreme Court
From a judgment of the District Court of Eddy County, Buttz, J., defendant appeals. This lawsuit is governed by the Federal Employers’ Liability Act; the case was not so pleaded or proved, and on defendant’s motion should have been dismissed.
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From a judgment of the District Court of Eddy County, Buttz, J., defendant appeals. This lawsuit is governed by the Federal Employers’ Liability Act; the case was not so pleaded or proved, and on defendant’s motion should have been dismissed. The railway line of defendant on which.plaintiff was injured was a through line; the company was engaged in interstate commerce; plaintiff was an employee of defendant, and as such, under the existing facts, was employed in interstate commerce. Hein v. Gr. N. Ry. Co. 34 N. D. 440-446; Pederson v. Ry. Co. 229 U. S. 146; Ry. Co. v. Williams (Ky.) 103 S. W.…
1Opinion of the CourtChristianson, J.
The plaintiff was employed by the defendant as a section laborer. On or about October 5, 1915, while in such employ, he was injured by being thrown from a motor car. This action was *264brought by plaintiff to recover damages in the sum of $2,975, alleged to have been sustained by him by reason of the injury then received. The defendant, by answer, alleged affirmatively that plaintiff, for a valuable consideration paid to him by the defendant, settled and adjusted all claims and demands against the defendant on account of the alleged cause of action set forth in the complaint, and fully released…
2Cases cited18 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- McLean v. ClappSupreme Court of the United States · 1891
- Strong v. . StrongNew York Court of Appeals · 1886
- Guild v. MoreNorth Dakota Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Mitzel v. SchatzNorth Dakota Supreme Court · 1970
- Mandeville v. JacobsonSupreme Court of Connecticut · 1937
- Production Credit Association of Minot v. GevingNorth Dakota Supreme Court · 1974
15 more not listed; retrieve them via the Exa API.