Wabash Railway Co. v. Elliott, 261 U.S. 457 (1923)

Wabash Railway Company v. Elliott

No. 225

Argued January 16, 1923
Decided April 9, 1923
261 U.S. 457

CERTIORARI TO THE KANSAS CITY

COURT OF APPEALS, STATE OF MISSOURI

Syllabus

Where a claim for personal injuries occasioned by the operation of a railroad while in the exclusive possession and control of the United States acting through the Director General of Railroads was compromised and settled between that official and the claimant without participation by the railway company, an attorney who had contracted with the claimant to compromise or enforce the claim for a percentage of the recovery, and who did not consent to the settlement, had no cause of action under a state lien statute (Rev.Stats. Mo. 1919, § 691) against the railway company. P. 460.

208 Mo.App. 348 reversed.

Certiorari to a judgment of the Kansas City Court of Appeals affirming a judgment against the Railway Company, in an action to enforce an attorney’s statutory lien.