Legal Opinion

St. Louis & S. F. R. v. Duke

Court of Appeals for the Eighth Circuit

Decided November 27, 1911No. 3,425PublishedCited by 18 opinions

In Error to the Circuit Court of the United States for the Western ’ District of Arkansas. Action by Mrs. Clyde Duke, as administratrix of Walter Duke, against the St. Louis & San Francisco Railroad Company. Judgment for plaintiiT and defendant brings error.

1Opinion of the Court

ADAMS, Circuit Judge.

This action by the administratrix of the estate of Walter Duke against the railroad company suing for herself as widow and for her minor children resulted in a judgment for damages occasioned by the death of her husband while in the employ of the company as brakeman and actually engaged in the transportation of interstate commerce. To reverse this judgment error is prosecuted.

The constitutionality of the employer’s liability act approved April 22, 1908 (Act April 22, 1908. e. 149, 35 Stat 65 [U. S. Comp. St. Supp. 1909, p. 1171]), upon which the suit is based, is first…

2Cases cited4 opinions

  1. Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
  2. Portland Gold Min. Co. v. FlahertyCourt of Appeals for the Eighth Circuit · 1901
  3. Metropolitan St. Ry. Co. v. KennedyCourt of Appeals for the Second Circuit · 1897
  4. Pennsylvania R. Co. v. PalmerCourt of Appeals for the Second Circuit · 1904

3Cited by18 opinions

  1. Isaacs v. United StatesCourt of Appeals for the Eighth Circuit · 1962
  2. Marx v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  3. Murray v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. Fidelity & Deposit Co. of Maryland v. BatesCourt of Appeals for the Eighth Circuit · 1935
  5. Henwood v. ChaneyCourt of Appeals for the Eighth Circuit · 1946

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