Opinion · Supreme Court of the United States

Minneapolis & St. Louis Railroad v. Gotschall

244 U.S. 66

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1917-05-21
Topic
general

Mr. Chief Justice White delivered the opinion of the court. Basing her cause of action upon the Federal Employers’ Liability Act, the defendant in error as administratrix of the estate of Merlin E. Gotschall, deceased, sued to récover from the Railroad Company, plaintiff in error, damages resulting from his death alleged to have been occasioned by the negligence of the company while he was in its employ engaged in interstate commerce. On this writ of *67 error a reversal is sought of the action of the court below in affirming a judgment entered by the trial court on the verdict of a jury in favor of the plaintiff. . .The evidence tended to show the following facts: Gotschall, a minor twenty years old, at the time in question was head brakeman on an extra freight train running from Albert Lea, Minnesota, to Minneapolis and transporting interstate commerce merchandise.

Citator

UpLaw has not yet analyzed Minneapolis & St. Louis Railroad v. Gotschall. The absence of a flag is not a finding that it is good law.

Cited by
132 opinions

Headnotes

  1. Transportation Law — Safety Appliance Act — Negligence Although negligence generally may not be inferred from the mere happening of an accident, where the Safety Appliance Act imposes a positive duty on a railroad to furnish safe appliances for coupling cars, negligence may be inferred from the mere failure of a coupler to perform its function, without other proof of negligence. 244 U.S. at 66-68
  2. Transportation Law — Damages — Beneficiaries A father who by state law is entitled to the earnings of his son during minority may recover damages for the son's death on a cause of action brought under the Federal Employers' Liability Act; the minority of the deceased establishes the right to recover, leaving only the amount of damages to be determined. 244 U.S. at 68