Fithian v. St. Louis & S. F. Ry. Co.
U.S. Circuit Court for the District of Western Arkansas
At Law. Action by Jessie Fithian and others against the St. Louis & San Francisco Railway Company. Heard on demurrer to the complaint. This is an action for the recovery of damages by reason of the alleged wrongful death of Floyd C. Fithian, an employe of the defendant, alleged to have been caused by the negligence of defendant’s servants. The action is brought under the employer’s liability act of Congress, approved April 22, 1908, c. 140, 35 Srat. 65 (U. S. Comp.
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At Law. Action by Jessie Fithian and others against the St. Louis & San Francisco Railway Company. Heard on demurrer to the complaint. This is an action for the recovery of damages by reason of the alleged wrongful death of Floyd C. Fithian, an employe of the defendant, alleged to have been caused by the negligence of defendant’s servants. The action is brought under the employer’s liability act of Congress, approved April 22, 1908, c. 140, 35 Srat. 65 (U. S. Comp. St. Supp. 1909, p. 1171). The plaintiffs are the widow and only child of the deceased. The complainants allege that there Is no…
1Opinion of the Court
TR1KBKR, District Judge
(after stating the facts as above). [1] As this is a cause of action created by an act of Congress it must be determined by that act. Schreiber v. Sharpless, 110 U. S. 76, 80, 3 Sup. Ct. 423, 28 L. Ed. 65; Fulgham v. Midland Valley Ry. (C. C.) 167 Fed. 660; Walsh v. N. Y., N. H. & H. R. R. Co. (C. C.) 173 Fed. 494; Cound v. A., T. & S. F. Ry. Co. (C. C.) 173 Fed. 527; Smith v. Detroit, etc., Ry. Co. (C. C.) 175 Fed. 506; Hagen v. Kean, 3 Dill. 124, Fed. Cas. No. 5,899. This leaves for determination whether under this act the next of kin dependent upon the deceased can…
2Cases cited27 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Perry v. Tonopah Mining Co. of NevadaDistrict Court, D. Nevada · 1915
- Garrett v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1912
- Rivera v. Atchison, T. & S. F. Ry. Co.Court of Appeals of Texas · 1912
- Wells-Dickey Trust Co. v. Chicago Burlington & Quincy RailroadSupreme Court of Minnesota · 1924
6 more not listed; retrieve them via the Exa API.