Thompson v. Wabash Railroad
Supreme Court of Missouri
Appeal from Raudolpb Circuit Court. — Eon. A. E. Waller, Judge. (1) The petition does not state a canse of action and the court erred in overruling defendant’s objection to the introduction of any evidence thereunder.
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Appeal from Raudolpb Circuit Court. — Eon. A. E. Waller, Judge. (1) The petition does not state a canse of action and the court erred in overruling defendant’s objection to the introduction of any evidence thereunder. The petition disclosed that defendant was engaged in interstate commerce and decedent employed in such commerce, therefore the only cause of action that could have arisen was by virtue of the Federal Employers Liability Act and there could be no action maintained under Sec. 5425, R. S. 1909. Railroad v. Yteeland, 227 U. S. 66; Second Employers Liability Cases, 223 IT. S. 54;…
1Opinion of the CourtWoodson, P. J.
The plaintiff instituted this suit in the circuit court of Randolph county, against the defendant, to recover $10,000 damages, claimed to have been sustained by her by reason of the alleged negligence of the defendant in killing her husband, R. W. Thompson, a railroad fireman, while in the employ of the company. The suit was brought under section 5425, Revised Statutes 1909.
A trial was had in the circuit court which resulted in a judgment in favor of the plaintiff for the sum of $10,000. In due time and in proper form the defendant appealed the cause to.this court. The petition was in…
2Cases cited14 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Smith v. AlabamaSupreme Court of the United States · 1888
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3Cited by7 opinions
- Gray v. KurnSupreme Court of Missouri · 1940
- Wells v. DavisSupreme Court of Missouri · 1924
- Sells v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1915
- State Ex Rel. Missouri-Kansas-Texas Railroad v. ShainSupreme Court of Missouri · 1939
- State Ex Inf. Haley v. Missouri Pacific RailRoadSupreme Court of Missouri · 1929
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