Sherman v. Pere Marquette Ry. Co., 45C1057.
Decision Date | 03 October 1945 |
Docket Number | No. 45C1057.,45C1057. |
Citation | 62 F. Supp. 590 |
Parties | SHERMAN v. PERE MARQUETTE RY. CO. |
Court | U.S. District Court — Northern District of Illinois |
Royal W. Irwin, of Chicago, Ill., for plaintiff.
Erwin W. Roemer and Gardner, Carton & Douglas, all of Chicago, Ill., for defendant.
The defendant, Pere Marquette Railway Company, moved to dismiss this case on the ground that this court is not a court of proper venue by reason of the fact that the plaintiff, after the incurrence of the injuries alleged in the complaint, entered into valid agreements that any suit instituted because of his injuries would be brought in the Circuit Court for the County of Wayne, Michigan, or in the Federal Court at Detroit, Michigan. In its brief in support of the motion to dismiss, the defendant states the facts as follows:
"Plaintiff brings this action under the Federal Employers' Liability Act to recover damages, alleged at $100,000 for injuries sustained by him on August 11, 1944, in Wayne County, Michigan, while he was allegedly employed by the defendant.
* * * * * * *
It seems to the court that the only questions which will require consideration are: (1) Is the contract to bring suit in the Circuit Court for the County of Wayne, Michigan, or in the Federal Court at Detroit, Michigan, valid in view of Sections 5 and 6 of the Federal Employers' Liability Act, 45 U.S.C.A. §§ 55, 56, and (2), assuming that the contract is valid, can the defendant, Pere Marquette Railway Company,...
To continue reading
Request your trial-
Krenger v. Pennsylvania R. Co.
...Courts in Illinois, Minnesota, and Iowa, and the Supreme Court of Utah, have held that such contracts are invalid. Sherman v. Pere Marquette Ry. Co., D. C., 62 F.Supp. 590; Fleming v. Husted, D.C.Iowa, 68 F.Supp. 900; Petersen v. Ogden Union Railway & Depot Co., 110 Utah 573, 175 P.2d 744. ......
-
Damiano v. Pennsylvania R. Co.
...to by the appellants do not aid their contention. Duncan v. Thompson, 315 U.S. 1, 62 S.Ct. 422, 86 L.Ed. 575, and Sherman v. Pere Marquette Ry. Co., D.C., 62 F.Supp. 590, voided employees' agreements to negotiate an attempt to settle claims for personal injuries and not to sue outside of th......
-
ECC Computer Centers v. Entre Computer Centers
...public policy, enunciated in its Fair Dealership Law, is better interpreted by a Wisconsin court); Sherman v. Pere Marquette Ry. Co., 62 F.Supp. 590, 593 (N.D.Ill.1945) (construing the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq.,) ("Venue is a privilege which may not be contra......
-
Akerly v. New York Cent. R. Co.
...Courts in Illinois, Minnesota, and Iowa, and the Supreme Court of Utah, have held that such contracts are invalid. Sherman v. Pere Marquette Ry. Co., 7 Cir., 62 F. Supp. 590; Fleming v. Husted, D.C.Iowa, 68 F.Supp. 900; Petersen v. Ogden Union Ry. & Depot Co., Utah, 175 P.2d 744. Cf. Porter......