Norfolk & Western Railway Co. v. Holbrook
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the construction of the Federal Employers’ Liability Act of 1908, are stated in the opinion. Substantial pecuniary damage is presumed as a matter of law in favor of a. widow and children; the presumption is prima fade, of course, and it may be shown that the deceased husband and father was a burden, but in the absence of such rebutting evidence the presumption prevails.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the construction of the Federal Employers’ Liability Act of 1908, are stated in the opinion. Substantial pecuniary damage is presumed as a matter of law in favor of a. widow and children; the presumption is prima fade, of course, and it may be shown that the deceased husband and father was a burden, but in the absence of such rebutting evidence the presumption prevails. This presumption is recognized and applied in the following cases: Balt. & PoL R. R. v. Mackey, 157 U. S. 72; 2 Sedgwick on Dam., 9th ed.,…
1Opinion of the CourtJustice McReynolds
W. T. Holbrook, a bridge carpenter, aged thirty-eight and employed by plaintiff in error at a wage of $2.75 per day, was killed by a passing train while at his work in McDowell County, West Virginia, January 4, 1913. He left a widow, thirty-two years old, and five children of *627one, four, seven, eleven, and fourteen years. The widow qualified as administratrix and instituted this suit under the Employers’ Liability Act, approved April 22, 1908, c. 149, 35 Stat. 65, in behalf of herself and children in the United States District Court, Western District of •Virginia. She charged that the accident…
2Cases cited6 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Pleasants v. FantSupreme Court of the United States · 1875
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
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3Cited by63 opinions
- Moore-McCormack Lines, Inc. v. RichardsonCourt of Appeals for the Second Circuit · 1961
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
- Allendorf v. Elgin, Joliet & Eastern Railway Co.Illinois Supreme Court · 1956
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
- Burlington Northern, Inc. v. Priscilla G. Boxberger, Personal Representative of the Estate of Kenneth R. Boxberger, DeceasedCourt of Appeals for the Ninth Circuit · 1976
58 more not listed; retrieve them via the Exa API.