Vaughan v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jackson Circnit Court.—Hon. James E. Goodrich, Judge. (1) Tke plaintiff’s right to recover, being necessarily based on the Federal Employers’ Liability Act, the petition fails to state a canse of action, and plaintiff is not entitled to recover on tbe whole record. Defendant was engaged in interstate commerce and plaintiff’s hnsband was employed in snch commerce.
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Appeal from Jackson Circnit Court.—Hon. James E. Goodrich, Judge. (1) Tke plaintiff’s right to recover, being necessarily based on the Federal Employers’ Liability Act, the petition fails to state a canse of action, and plaintiff is not entitled to recover on tbe whole record. Defendant was engaged in interstate commerce and plaintiff’s hnsband was employed in snch commerce. Hanley v. Railroad, 187 U. S. 617. (2) Defendant’s liability must therefore be determined by the Act of Congress of April 22, 1908, commonly called the Federal Employers’ Liability Act: 35 Statutes at Large, 65, chap.…
1Opinion of the CourtTrimble, J.
On February 10, 1910, plaintiff, as the widow of Lee Vaughan, deceased, brought suit in the'circuit court of Jackson county, Missouri, to recover $10,000 damages for the death of her husband, which occurred on February 12, 1909, and was alleged to have been caused by the negligence of defendant.
The amended petition stated that defendant owned a railway extending from Kansas City, Missouri, into the State of Kansas; that plaintiff’s husband, Lee Vaughan, was in the employ of defendant as head brakeman on a freight train which defendant was operating from Kansas City, Missouri, into the State…
2Cases cited27 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
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3Cited by12 opinions
- Sconce v. JonesSupreme Court of Missouri · 1938
- Goldschmidt v. Pevely Dairy Co.Supreme Court of Missouri · 1937
- Bennette v. HaderSupreme Court of Missouri · 1935
- Walsh Ex Rel. Walsh v. Table Rock Asphalt Construction Co.Missouri Court of Appeals · 1975
- Wren v. St. Louis Public Service CompanySupreme Court of Missouri · 1960
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