183 Ind. 287 | Ind. | 1915
— Action by appellee against appellant for damages for personal injuries resulting in death. To the complaint, in two paragraphs, an answer in general denial was filed. Trial by jury, verdict and judgment for appellee for $5,000. The question of the constitutionality of the act of Congress, of April 22, 1908, known as the Federal Employer’s Liability Act -is involved and therefore the jurisdiction of the appeal is in this court. Acts 1907 p. 237, §1392 Burns 1914. The errors assigned are the overruling of appellant’s demurrer to each paragraph of complaint, and its motion for a new trial. The first paragraph of complaint alleges among other things, in substance, that on December 14, 1910, and prior thereto, appellant was a common carrier and owned and operated a double track steam railroad extending through Indiana and other states, and
Note. — Reported, in 108 N. E. 108. As to duty of master to servant, see 75 Am. St. 591. As to the constitutionality, application and effect of the Federal Employer’s Liability Act, see 47 L. R. A. (N. S.) 38 ; L. R. A. 1915 0 47. As to empolyes entitled to protection under Federal Employers’ Liability Act, see Ann. Cas. 1914 C 164. As to comparison of negligence under Federal Employers’ Liability Act, see Ann. Cas. 1914 O 175. See, also, under (1, 3, 4) 26 Cyc. 1913 Anno. 1360-15; 1915 Anno. 1360-15; (2) 26 Cyc. 1395; (5) 26 Cyc. 1182; (6) 31 Cyc. 316; (7) 26 Cyc. 1306, 1527; (8) 38 Cyc. 1602, 1707; (9) 26 Cyc. 1229, 1507; (10) 29 Cyc. 509; 26 Cyc. 1226; (11) 38 Cyc. 1919. As to the validity of Federal Employer’s Liability Acts, see 17 Ann. Cas. 331.