St. Louis, I. M. & S. Ry. Co. v. Conley

Citations

• 187 F. 949
• 110 C.C.A. 97
• 1911 U.S. App. LEXIS 4264

Syllabus

<p>1. Courts (§ 489*) — Master and Servant (§ 87*) — Employer’s Liability Act —Jurisdiction to Enforce — State Courts.</p> <p>The federal employer’s liability act (Act April 22, 1908, c. 149, 35 jStat. 65 LU. S. Comp. St. Supp. 1909, p. 11711) is remedial in character, and should be so construed as to prevent the mischief and advance the remedy, and an action based thereon may be maintained either in the state or federal courts.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 489 ;* Master and Servant, Dec. Dig. § 87.*]</p> <p>2. Commerce (§ 58*) — Constitutional Law (§ 301*) — Master and Servant (§ 11*) — Employer’s Liability Act — Due Process of Law.</p> <p>Employer’s Liability Act April 22, 1908, c. 149; 35 Stat. 65 (U. S. Comp. St. Supp. 1909, p. 1171), which applies only to the relations between railroad companies engaged in interstate commerce and their employés in such commerce, is not unconstitutional, as not within the power of Congress under the commerce clause of the Constitution, nor as depriving railroad companies of their property or liberty to contract without due process of law, in violation of the fifth amendment.</p> <p>[Ed. Note. — For other cases, see Commerce, Dec. Dig. g 58;* Constitutional Law, Dec. Dig. § 301;* Master and Servant, Dec. Dig. g 11.*]</p> <p>3. Master and Servant (§ 113*) — Master’s Liability for Injury to Servant — Structures near Railroad Track.</p> <p>Where it is possible to do so, a railroad company is required to place structures at such distance from the trade that they will not endanger its servants in operating trains; and it is liable for an injury to an employe wliile in discharge of .his duty, which occurs without fault on his part from a 'structure which is placed unnecessarily close to the track.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 224-227 ; Dec. Dig. § 113.*]</p> <p>4. Master and Servant (§§ 288, 289*) — Master’s Liability for Injury to Servant — Questions for Jur