[DOWNLOAD] "St. Louis v. Mcwhirter." by Supreme Court of the United States ~ Book PDF Kindle ePub Free
eBook details
- Title: St. Louis v. Mcwhirter.
- Author : Supreme Court of the United States
- Release Date : January 10, 1913
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The record in this case is confusedly arranged, and numerous matters are pressed in argument which we deem to be irrelevant. Not following the various steps by which the petition as originally filed and the answer were both frequently amended, the case as finally put at issue was as follows: The defendant in error as administratrix of the estate of her husband Etwal McWhirter, sued the plaintiff in error, for the benefit of herself and her four infant children, to recover damages alleged to have been suffered by the death of McWhirter. It was alleged that the deceased was employed as a flagman by the defendant company and that he was doing that work on an interstate commerce freight train when he was run over and killed by the train on which he was serving. The death was alleged in general terms to have resulted from the wrongful and negligent acts of the conductor and engineer in charge of the train and by the negligent and wrongful acts of the train dispatcher and higher officers of the defendant company. It was moreover alleged that the deceased "had been permitted and required by the officers and agents of the defendant to be and remain on duty for a longer period than sixteen consecutive hours, next before the aforesaid accident, and in violation of Chapter 2939, section 2, 34 Stat., 1415, of the acts of Congress of the United States relating to interstate commerce, and being a part of an act entitled An Act to Promote The Safety Of Employes And Travelers Upon Railroads By Limiting The Hours Of Service Of Employes Thereon, which became a law on the 4th day of March, 1907, and also an act entitled An Act Relating To The Liability Of Common
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