Shannon v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently causing personal injury to the plaintiff, who was employed by the defendants in repairing their tracks at Exeter. It was alleged that while so engaged and while in the exercise of due care, he was struck and injured by one of the defendants’ trains.
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Case, for negligently causing personal injury to the plaintiff, who was employed by the defendants in repairing their tracks at Exeter. It was alleged that while so engaged and while in the exercise of due care, he was struck and injured by one of the defendants’ trains. The defendants filed a brief statement, alleging in substance that at the time the plaintiff was injured he and they were both engaged in interstate commerce, that the plaintiff’s only remedy is under the act of congress known as the employers’ liability act, which precludes the bringing of a suit after two years from the…
1Opinion of the CourtWalker, J.
As the facts reported are understood, the question presented is, whether the federal employers’ liability act (35 U. S. Stat. 65) furnishes an exclusive remedy in cases like the present one and in effect abrogates state laws relating thereto. In the absence of any suggestion from the plaintiff by brief or argument to the contrary, the defendant’s claim that this is the only question intended to be raised by the case is assumed to be true. Laforme v. Bradley, ante, 128. The ruling of the court was that the case as stated in the declaration and the brief statement was not governed by the…
2Cases cited5 opinions
- 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
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of Arkansas · 1911
3Cited by6 opinions
- Seaboard Air Line Railway Co. v. HessSupreme Court of Florida · 1917
- Pierson v. DavisMontana Supreme Court · 1924
- Phillips v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
- Chesapeake & O. Ry. Co. v. MilesCourt of Appeals of Kentucky · 1952
- Jacksonville Terminal Co. v. AlstonSupreme Court of Florida · 1934
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