Moliter v. Wabash Railroad
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Hon. Frank P. Divelbiss, Judge. (1) Plaintiff’s petition does not state a cause of action under the Federal Employers’ Liability Act of April 22, 1908. Brinkmeier v. Railroad, 224 U. S. 268, 56 Law Ed. 758; Railroad v. Wulf, 226 U. S. ■567, 57 Law Ed. 353; Lumber Co. v. Railroad, 216 Mo. 678-679; McKenzie v. Railroad, 216 Mo. 14. (2) Plaintiff’s instruction on the measure of damages is erroneous.
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Appeal from Clay Circuit Court. — Hon. Frank P. Divelbiss, Judge. (1) Plaintiff’s petition does not state a cause of action under the Federal Employers’ Liability Act of April 22, 1908. Brinkmeier v. Railroad, 224 U. S. 268, 56 Law Ed. 758; Railroad v. Wulf, 226 U. S. ■567, 57 Law Ed. 353; Lumber Co. v. Railroad, 216 Mo. 678-679; McKenzie v. Railroad, 216 Mo. 14. (2) Plaintiff’s instruction on the measure of damages is erroneous. Federal Employers’ Liability Act, sec. 3; 'Thornton, Fed. Employers’ Liab. & Safety Appli. Acts (2 Ed.), sec. 52; Schmidt v. Railroad, 83 111. 410; Railroad v.…
1Opinion of the CourtEllison, P. J.
Plaintiff was an employee of defendant and was injured in this State by one of its *87cars passing over his foot. He brought this action for damages on the ground that, while he was exercising ordinary care, defendant’s servants were guilty of negligence.. He recovered judgment in the circuit court for $8000, and afterwards entered a remittitur for $500, when judgment was rendered for $7500. The peotition stated a common law action and the cause was-submitted to the jury as such character of action and the judgment was rendered in such character of action.
Plaintiff was a brakeman working on a…
2Cases cited32 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Spies v. IllinoisSupreme Court of the United States · 1887
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
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3Cited by11 opinions
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Price v. SanditenSupreme Court of Oklahoma · 1934
- Hartman v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- Carpenter v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915
- Conley v. Chicago, Burlington & Quincy R. R.Missouri Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.