Payne v. Cohlmeyer
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois. Action by August H. Cohlmeyer against John Barton Payne, Director General of Railroads. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern District of Illinois. Action by August H. Cohlmeyer against John Barton Payne, Director General of Railroads. Judgment for plaintiff, and defendant brings error. Defendant in error, herein called plaintiff, a deputy marshal of the United Slates in the performance of his official duties, was riding in a passenger car of the Wabash Railroad Company operated at the time by plaintiff in error, herein called defendant, when he received injuries fixed by the jury at $15,000. The various acts of negligence complained of dealt with…
1Opinion of the Court
EVANS, Circuit Judge.
[1] Because plaintiff was a deputy marshal of the United States, it is claimed his right to recover is fixed and determined by the federal Compensation Act (Comp. St. §§ 8932a-8932uu). This contention was not pressed on the oral argument, yet not specifically withdrawn. We conclude, however, that he was in a position to maintain this action. While an employee may elect to take under this Compensation Act, he is not required so to do. Dahn v. McAdoo (D. C.) 256 Fed. 549; Hines v. Dahn (C. C. A.) 267 Fed. 105, 114. It is not necessary to determine whether he was an…
2Cases cited3 opinions
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Dahn v. McAdooDistrict Court, N.D. Iowa · 1919
- Louisville & N. R. v. FisherCourt of Appeals for the Sixth Circuit · 1907
3Cited by10 opinions
- Posey v. Tennessee Valley AuthorityCourt of Appeals for the Fifth Circuit · 1937
- United States v. MarineCourt of Appeals for the Fourth Circuit · 1946
- Jefferson v. United StatesDistrict Court, D. Maryland · 1947
- Gibbs v. United StatesDistrict Court, N.D. California · 1950
- National Housing Agency v. OrtonCourt of Appeals of Texas · 1947
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