Kansas City Southern Railway Co. v. Leinen
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; 1. Plaintiff at the time of his injury was not engaged in interstate commerce, and hence not entitled to recover under the Federal Employer’s Liability Act, and the judgment based on that act should be reversed. 232 IT. S. 248; 218 Fed. 748; 233 IT.
Read the full summary
Appeal from Little River Circuit Court; James S. Steel, Judge; 1. Plaintiff at the time of his injury was not engaged in interstate commerce, and hence not entitled to recover under the Federal Employer’s Liability Act, and the judgment based on that act should be reversed. 232 IT. S. 248; 218 Fed. 748; 233 IT. S. 473; 241 Id. 177; 238 Fed. 95; 253 Id. 736; 261 Id. 760; 159 N. W. 14; 157 Id. 616; 154 Id. 516. 2. The negligence charged was not proved, and the peremptory instruction requested by defendant should have been given. In the absence of an unusally violent stop, there is no…
1Opinion of the CourtSmith, J.
Appellee, plaintiff below, brought this suit to recover damages on account of injuries received by him while employed as a brakeman by appellant railway company near Joplin, in the State of Missouri. There was a verdict and judgment in his favor for $53,-333, and this appeal is from that judgment.
The train on which appellee was employed at the time of his injury consisted of an engine and a caboose and about sixteen empty Rogers ballast cars, which were being transported from Lanagan, Missouri, to Webb City, Missouri. This train with its crew had for some weeks been engaged in transporting…
2Cases cited8 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Southern Railway-Carolina Division v. BennettSupreme Court of the United States · 1914
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Holmberg v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hobbs-Western Company v. CraigSupreme Court of Arkansas · 1946
- Pashea v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1942
- Missouri Pacific Railroad v. HunnicuttSupreme Court of Arkansas · 1937
- First Nat. Bk. of Minneapolis v. MalvernSupreme Court of Arkansas · 1926
- Prince v. Nashville, C. & St. L. Ry.Tennessee Supreme Court · 1925