CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


NEW ORLEANS & NORTHEASTERN R. CO. V. HARRIS, 247 U. S. 367 (1918)

Subscribe to Cases that cite 247 U. S. 367 RSS feed for this section

U.S. Supreme Court

New Orleans & Northeastern R. Co. v. Harris, 247 U.S. 367 (1918)

New Orleans & Northeastern Railroad Company v. Harris

No. 276

Argued April 30, 1918

Decided June 3, 1918

247 U.S. 367

Syllabus

In actions against a railroad for injuries to employees resulting from its negligence, it has long been the rule of the federal courts that the negligence is to be established affirmatively by the plaintiff.

In proceedings brought under the Federal Employers' Liability Act, rights and obligations depend upon it and applicable principles of common law as interpreted and applied by the federal courts, and negligence is essential to recovery.

Hence it is erroneous in such a proceeding to apply a state statute (Mississippi Code, 1906, 1985, and Laws 1912, c. 215, p. 2911), chanroblesvirtualawlibrary

Page 247 U. S. 368

making proof of injury by an engine propelled by steam prima facie evidence of a railroad's negligence in an action against it for damages.

Under the federal act, there is no cause of action for pain and suffering if the employee die of his injuries without regaining consciousness.

Under that act, no cause of action accrues for the benefit of a dependent mother where the deceased employee leaves a widow who, although she lived apart from him at the time of his death, was neither remarried nor divorced, and where the rights and liabilities consequent upon their marriage had not ceased under the local law.

Reversed.

The case is stated in the opinion.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED