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FRESE V. CHICAGO, B. & Q. R. CO., 263 U. S. 1 (1923)

U.S. Supreme Court

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


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. 263 U. S. 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.

Page 263 U. S. 2

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