274 U.S. 21 (1927), 225, Hoffman v. Missouri ex Rel. Foraker

Docket Nº:No. 225
Citation:274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905
Party Name:Hoffman v. Missouri ex Rel. Foraker
Case Date:April 11, 1927
Court:United States Supreme Court

Page 21

274 U.S. 21 (1927)

47 S.Ct. 485, 71 L.Ed. 905

Hoffman

v.

Missouri ex Rel. Foraker

No. 225

United States Supreme Court

April 11, 1927

Argued March 11, 1927

ERROR TO THE SUPREME COURT

OF THE STATE OF MISSOURI

Syllabus

An action under the Federal Employers Liability Act for death by negligence may be maintained against a railroad in the state of its incorporation where it owns part of its line, operated in intrastate as well as interstate commerce, in a county where it has an agent and a usual place of business, though this be not the state where the cause of action arose. P. 22.

309 Mo. 625 affirmed.

Error to a judgment of the Supreme Court of Missouri, in mandamus, which directed the judge of an inferior court to set aside a judgment dismissing an action for damages, and to entertain jurisdiction over it.

BRANDEIS, J., lead opinion

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This is a writ of error to the Supreme Court of Missouri, which had granted, in an original proceeding, a peremptory writ of mandamus. 309 Mo. 625. Its judgment directed the judge of an inferior court to set aside a judgment dismissing an action, and ordered him to entertain

Page 22

jurisdiction. That action had been brought under the federal Employers' Liability Act by a citizen and resident of Kansas for the death of an employee of the Missouri Pacific Railroad. The accident occurred on its line in Kansas, and the deceased was a citizen of Kansas at the time of his death. The railroad is a Missouri corporation. The action was brought in a county traversed by the railroad in which it had an office and an agent for the transaction of business. Under a statute of the state, it was liable to suit there. R.S. Mo.1919, § 1180.

The railroad contends that, as it could have been sued in Kansas, where the accident occurred and the plaintiff resided, the statute, as applied, was void under the doctrine of Davis v. Farmers' Cooperative Equity Co., 262 U.S. 312, and Atchison, Topeka & Santa Fe Ry. Co. v. Wells, 265 U.S. 101, because a suit in Missouri would burden interstate commerce. In support of its contention, it was urged that the claims against the carrier for personal injuries are numerous; that the amounts demanded are large; that in many cases the carrier deems it advisable to leave the determination of liability to the courts; that in the action in question there were at least 11 employees working for it...

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53 practice notes
  • 220 N.W. 429 (Minn. 1928), 26,789, Gegere v. Chicago & North Western Railway Co.
    • United States
    • Minnesota Supreme Court of Minnesota
    • 29 June 1928
    ...authority, decides otherwise. See also Kobbe v. C & N.W. Ry. Co. 173 Minn. 79, 216 N.W. 543. Hoffman v. Missouri ex rel. Foraker, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905, appears to sustain our position. The motion for judgment non obstante was denied. This is assigned as error. At firs......
  • 264 P. 176 (Okla. 1928), 19068, Davis v. District Court of Tulsa County
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 17 January 1928
    ...and convenient. City of Tulsa v. Corp. Com'n, 96 Okl. 180, 221 P. 1000. In the very recent case of Hoffman, Judge, v. State of Missouri, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905, on April 11, 1927, the Supreme Court of the United States, in affirming a decision of the Supreme Court of Missou......
  • 230 N.W. 457 (Minn. 1930), 27,700, Boright v. Chicago, Rock Island & Pacific Railway Company
    • United States
    • Minnesota Supreme Court of Minnesota
    • 4 April 1930
    ...burden is imposed upon interstate commerce. This is noted in a number of the cases cited. The case of Hoffman v. Missouri ex rel. Foraker, 274 U.S. 21, 47 S. St. 485, 71 L.Ed. 905, supports our view that under the facts of the case it should not be held that there is an unreasonable burden ......
  • 21 S.E.2d 94 (Ga. 1942), 14059, Southern Ry. Co. v. Parker
    • United States
    • Georgia Supreme Court of Georgia
    • 28 May 1942
    ...Davis v. Farmers' Co-Operative Equity Co., 262 U.S. 312, 43 S.Ct. 556, 67 L.Ed. 996; Hoffman v. State of Missouri ex rel. Foraker, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905; Michigan Central Railroad Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver & Rio Grande Western Railroa......
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53 cases
  • 220 N.W. 429 (Minn. 1928), 26,789, Gegere v. Chicago & North Western Railway Co.
    • United States
    • Minnesota Supreme Court of Minnesota
    • 29 June 1928
    ...authority, decides otherwise. See also Kobbe v. C & N.W. Ry. Co. 173 Minn. 79, 216 N.W. 543. Hoffman v. Missouri ex rel. Foraker, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905, appears to sustain our position. The motion for judgment non obstante was denied. This is assigned as error. At firs......
  • 264 P. 176 (Okla. 1928), 19068, Davis v. District Court of Tulsa County
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 17 January 1928
    ...and convenient. City of Tulsa v. Corp. Com'n, 96 Okl. 180, 221 P. 1000. In the very recent case of Hoffman, Judge, v. State of Missouri, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905, on April 11, 1927, the Supreme Court of the United States, in affirming a decision of the Supreme Court of Missou......
  • 230 N.W. 457 (Minn. 1930), 27,700, Boright v. Chicago, Rock Island & Pacific Railway Company
    • United States
    • Minnesota Supreme Court of Minnesota
    • 4 April 1930
    ...burden is imposed upon interstate commerce. This is noted in a number of the cases cited. The case of Hoffman v. Missouri ex rel. Foraker, 274 U.S. 21, 47 S. St. 485, 71 L.Ed. 905, supports our view that under the facts of the case it should not be held that there is an unreasonable burden ......
  • 21 S.E.2d 94 (Ga. 1942), 14059, Southern Ry. Co. v. Parker
    • United States
    • Georgia Supreme Court of Georgia
    • 28 May 1942
    ...Davis v. Farmers' Co-Operative Equity Co., 262 U.S. 312, 43 S.Ct. 556, 67 L.Ed. 996; Hoffman v. State of Missouri ex rel. Foraker, 274 U.S. 21, 47 S.Ct. 485, 71 L.Ed. 905; Michigan Central Railroad Co. v. Mix, 278 U.S. 492, 49 S.Ct. 207, 73 L.Ed. 470; Denver & Rio Grande Western Railroa......
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