Sells v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Appeal from Carroll Circuit Court.- — Hon. Francis H. Trimble, Judge. This suit was improperly brought. If a cause of action accrued against the defendant, it accrued in favor of the legal representative of the deceased under the’Federal Employers’ Liability Act. Thompson v. Railroad, 262 Mo. 468; Moliter v. Railroad, 180 Mo. App. 84; Rich v. Railroad, 166 Mo.
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Appeal from Carroll Circuit Court.- — Hon. Francis H. Trimble, Judge. This suit was improperly brought. If a cause of action accrued against the defendant, it accrued in favor of the legal representative of the deceased under the’Federal Employers’ Liability Act. Thompson v. Railroad, 262 Mo. 468; Moliter v. Railroad, 180 Mo. App. 84; Rich v. Railroad, 166 Mo. Ap-p. 379; Railroad v. Vreeland, 227 U. S. 59; Second Employers’ Liability Cases, 223 U. S. i; Railroad v. Hesterly, 228 U.' S. 702; Oliver v. Railroad, 196 Fed. 432. The Federal question was waived. The defendant not only failed to set…
1Opinion of the CourtWoodson, J.
The respondent instituted this suit in the circuit court of Carroll county under the second section of the Damage Act, to recover the sum of $10,000, damages sustained by her through the alleged unlawful and negligent conduct of the appellant in killing her husband, John Sells, an employee of the company.
The petition was in the usual form, alleging that the appellant road was an intrastate carrier, and the answer contained a general denial, a plea of contributory negligence and an assumption of risk.
The trial before the court and jury resulted in a verdict and judgment in favor of the…
2Cases cited15 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Smith v. AlabamaSupreme Court of the United States · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- Grosvener v. New York Cent. Railroad Co.Supreme Court of Missouri · 1938
- Wells v. DavisSupreme Court of Missouri · 1924
- State Ex Rel. St. Louis-San Francisco Railway Co. v. HaidSupreme Court of Missouri · 1931
- Montgomery v. Terminal Railroad Assn.Supreme Court of Missouri · 1934
4 more not listed; retrieve them via the Exa API.