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FRESE v. C., B. & Q.R.R.

No. 27.

263 U.S. 1 (1923)

44 S.Ct. 1

68 L.Ed. 131

FRESE, ADMINISTRATRIX OF FRESE, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY.

Supreme Court of United States.

Decided October 15, 1923.

Attorney(s) appearing for the Case

Mr. John G. Parkinson for petitioner.

Mr. M.G. Roberts, with whom Mr. Bruce Scott, Mr. H.J. Nelson and Mr. E.M. Spencer were on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an action in Missouri under the Federal Employers' Liability Act for the death of the plaintiff's (petitioner's) intestate, caused by a collision in Illinois between engines of the defendant and the Wabash Railroad Company at a grade crossing. The deceased, Frese, was the engineer in charge of the defendant's engine. A statute of Illinois [Hurd's Rev. Stats., 1916, c. 114, § 75] required that "All...

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