Wainwright v. Pennsylvania R.
District Court, E.D. Missouri
At I,aw. Action by Nellie Wainwright, administratrix, against the Pennsylvania Railroad Company. On demurrer to plea in abatement. The plaintiff on May 6, 1918, instituted this action to recover damages under the Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp.
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At I,aw. Action by Nellie Wainwright, administratrix, against the Pennsylvania Railroad Company. On demurrer to plea in abatement. The plaintiff on May 6, 1918, instituted this action to recover damages under the Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St 1916, §§ 8657=86651) for the death of her husband, alleged to have resulted from injuries sustained on December 26, 1917, while in the service of the defendant, and while both were engaged in interstate commerce. The defendant filed a plea in abatement, alleging as causes: “(3) The Pennsylvania Railroad…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The demurrer to the pica raises two questions of law: (1) Assuming^ that the act of Congress authorizes the President and the agencies appointed by him to make these regulations, is the act warranted by the Constitution? (2) Does the act vest the power to make these regulations in the President or the Director General?
At the outset of this opinion it is proper to state that, as this action was originally instituted in a court of the United States, the question whether Congress may authorize the general orders in question to apply to the courts of the states…
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