Legal Opinion

Boston & M. R. R. v. Baxter

Court of Appeals for the First Circuit

Decided December 10, 1915No. 1138PublishedCited by 1 opinion

In Error to the District Court of the United States for the District of Massachusetts; Clarence Hale, Judge. Action by Mary M. Baxter, administratrix, against the Boston & Maine Railroad. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

DODGE, Circuit Judge.

The defendant in error (hereinafter called plaintiff) has recovered judgment in the Massachusetts District Court against the plaintiff in error (hereinafter called defendant) for the death of her intestate, Leslie M. Baxter, instantly killed on August 15, 1913, soon after 4 p. m., while in the defendant’s employ as fireman on one of its engines, then hauling an express passenger train bound west from Boston, in interstate commerce. Her suit was brought under the federal Employers’ Liability Act. Act April 22, 1908, c. 149, 35 Stat. 65 (Comp. St. 1913, §§ 8657-8665). The…

2Cases cited2 opinions

  1. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  2. Thomas v. Green CountyCourt of Appeals for the Sixth Circuit · 1908

3Cited by1 opinion

  1. New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916

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