Midway National Bank & Trust Co. v. Davis
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Now. Williard P. Hall, Judge. (1) The trial court erred in ruling that the Federal Compensation Act of September 7, 1916, did not apply and fix and govern the compensation payable by the Government to the widow and minor children of deceased. The Director General in operating the. Missouri Pacific Railroad was not personally liable for damages for Appleby’s death.
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Appeal from Jackson Circuit Court. — Now. Williard P. Hall, Judge. (1) The trial court erred in ruling that the Federal Compensation Act of September 7, 1916, did not apply and fix and govern the compensation payable by the Government to the widow and minor children of deceased. The Director General in operating the. Missouri Pacific Railroad was not personally liable for damages for Appleby’s death. He was a mere agent of the United States Government and the Government alone was obligated to make compensation therefor. Sec. 8932a, U. S. Comp. Stat. 1916; 39 Statutes at Large, 742. The tenth…
1Opinion of the CourtHigbee, J.
This is an action brought under the Federal Employers’ Liability Act, on account of the death of Ralph Appleby, a switchman. Suit was instituted by the widow, Beulah Appleby, as administratrix of the estate, for the benefit of herself and her three infant children, against William G. McAdoo, Director General of Railroads. On his resignation, Walker D. Hines, his successor in office, was substituted as defendant. After the appeal was taken in this cause, John Barton Payne, successor in office to Walker D. Hines, was substituted as defendant in his stead. Prior to the hearing, James C. Davis,…
2Cases cited19 opinions
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Louisville & Nashville Railroad v. ParkerSupreme Court of the United States · 1916
- Pennsylvania Co. v. DonatSupreme Court of the United States · 1915
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
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3Cited by30 opinions
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- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Sanders v. City of CarthageSupreme Court of Missouri · 1932
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