Lavalle v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Washington county to recover $15,000 damages for injuries received while a member of a section crew in defendant’s employ. After the issuance of General Order No. 50, quoted in the opinion, defendant moved that the Director General of Railroads be substituted as defendant and that the action be dismissed as to the railroad company.
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Action in the district court for Washington county to recover $15,000 damages for injuries received while a member of a section crew in defendant’s employ. After the issuance of General Order No. 50, quoted in the opinion, defendant moved that the Director General of Railroads be substituted as defendant and that the action be dismissed as to the railroad company. The motion was granted, Searles, J. From the order dismissing the action against the Northern Pacific Railway Company and substituting William G. MeAdoo, Director General of Railroads, as party defendant, plaintiff appealed.
1Opinion of the CourtHallam, J.
On August 29, 1916, Congress enacted that:
“The president in time of war is empowered * * * to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as *75may be necessary of all other traffic thereon, for the transfer or transportation- of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable” (39 St. 645, U. S. Comp. St. 1918, § 1974a).
By proclamation dated December 26, 1917, the President took over the transportation systems of the…
2Cases cited2 opinions
- Vaughn v. StateAlabama Court of Appeals · 1919
- Wainwright v. Pennsylvania R.District Court, E.D. Missouri · 1918
3Cited by19 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Peacock v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
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