St. Louis, Iron Mountain & Southern Railway Co. v. Craft
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the construction and application of the Employers’ Liability Act of 1908 and the Amendment of 1910 and the right of the administrator of an employé killed by negligence of the employer to recover not only for the death of, but also for the pain and suffering endured by, decedent, are stated in the opinion.
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ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the construction and application of the Employers’ Liability Act of 1908 and the Amendment of 1910 and the right of the administrator of an employé killed by negligence of the employer to recover not only for the death of, but also for the pain and suffering endured by, decedent, are stated in the opinion. Under the Federal Employers’ Liability Act of 1908, as amended April 5, 1910, plaintiff was not permitted to recover both for pecuniary loss to next of kin and for decedent’s pain and suffering. Michigan Central…
1Opinion of the Court
Me. Justice Van Dev antee
delivered the opinion of the court.
This was an action under the Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, and the amendment of April 5, 1910, c. 143, 36 Stat. 291, by an administrator to recover for injuries to, and the. death of, his intestate. The action was for the benefit of the father, there being no surviving widow, child or mother, and the damages sought were for (a) pecuniary loss to the father by reason of the death and (b) conscious pain and suffering of the decedent before the injuries proved fatal. In the trial court the plaintiff…
2Cases cited17 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
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- Lindgren v. United StatesSupreme Court of the United States · 1930
- Sharon Hageman, Admx. Of the Estate of Donald Hageman v. Signal L. P. Gas, Inc.Court of Appeals for the Sixth Circuit · 1973
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