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Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923)
Frese v. Chicago, Burlington & Quincy Railroad Company No. 27 Argued October 3, 1923 Decided October 15, 1923 263 U.S. 1
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF MISSOURI
Syllabus
Where a state statute makes it the duty of a locomotive engineer to stop his train within a certain distance of a crossing of another railroad and positively to ascertain that the way is clear and that the train can safely resume its course before proceeding to pass the crossing, the duty is a personal one which cannot be devolved by custom upon the fireman, and the negligence of the engineer in failing to comply with the duty is a defense to an action for his resulting death, brought by his administratrix under the Federal Employers’ Liability Act, notwithstanding a possibility that the injury might have been avoided if the fireman had been more vigilant. P. 3
290 Mo. 501 affirmed.
Certiorari to a judgment of the Supreme Court of Missouri which reversed a judgment against the respondent railroad company in an action by the petitioner for damages, under the Federal Employers’ Liability Act.
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Chicago: U.S. Supreme Court, "Syllabus," Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923) in 263 U.S. 1 263 U.S. 2. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=PC1P394E76TGDMD.
MLA: U.S. Supreme Court. "Syllabus." Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923), in 263 U.S. 1, page 263 U.S. 2. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PC1P394E76TGDMD.
Harvard: U.S. Supreme Court, 'Syllabus' in Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923). cited in 1923, 263 U.S. 1, pp.263 U.S. 2. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=PC1P394E76TGDMD.
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