holding no cause of action existed under Boiler Inspection Act for injuries sustained because a clinker hook was misplaced on a tender top by a fellow servant
How later courts described this case
- holding no cause of action existed under Boiler Inspection Act for injuries sustained because a clinker hook was misplaced on a tender top by a fellow servant
Written by the judges who cited it.
The opinion
Appellant has filed a motion to transfer this case to the Court en Banc, on the ground that a Federal question is involved, "to-wit the construction and application of the Boiler Transfer Inspection Act, 45 U.S.C.A. 23 and the Federal to Banc . Employers Liability Act, 45 U.S.C.A. 51-59." Appellant cites Section 4 of the Amendment of 1890 of Article Six of the Constitution of Missouri. The motion was taken with the case.
This identical question was presented to and disposed of by this court in the case of McAllister v. St. Louis Merchants' Bridge Term. Ry. Co., 25 S.W.2d l.c. 792. On the authority of that case and the reasons there assigned, the motion to transfer is denied.