Melzner v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by A. B. Melzner, as administrator of John Holm, deceased, against the Northern Pacific Railway Company. From a judgment for defendant, plaintiff appeals. The Federal Employer’s Liability Act, Chapter 149, 35 States, passed on April 22, 1908, was amended on April 5, 1910, Chapter 143, 36 Stat. .291 ,• and among other amendments section 9 was added to the Act.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by A. B. Melzner, as administrator of John Holm, deceased, against the Northern Pacific Railway Company. From a judgment for defendant, plaintiff appeals. The Federal Employer’s Liability Act, Chapter 149, 35 States, passed on April 22, 1908, was amended on April 5, 1910, Chapter 143, 36 Stat. .291 ,• and among other amendments section 9 was added to the Act. The right of action given by section 9 is a survival action. (Dillon v. Gt. Northern By. Co., 38 Mont. 485, 100 Pac. 960; Beeler v. Butte & London, 41 Mont. 465,…
1Opinion of the CourtChief Justice Beantlt
This action was brought by the plaintiff as the administrator of the estate of John Holm, deceased, to recover damages for the death of said Holm caused by a collision of a work train of the defendant with a push-car upon which the deceased and other employees were riding upon the main line of defendant’s railway, near Skone station, in Silver Bow county. The complaint alleges that at the time of the collision the defendant, a common carrier by railroad, was engaged in interstate commerce between the states of Minnesota, North Dakota, Montana, Idaho, and Washington, and that the deceased was…
2Cases cited20 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Smith v. AlabamaSupreme Court of the United States · 1888
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Reid v. ColoradoSupreme Court of the United States · 1902
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
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3Cited by6 opinions
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Cameron Lumber Co. v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1914
- State v. HarperMontana Supreme Court · 1914
- Farley v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1913
- Notti v. Great Northern Railway Co.Montana Supreme Court · 1940
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