Cuba Railroad v. Crosby
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts are stated in the opinion. . The courts of the United States should not take cognizance of an alleged cause of action for a foreign tort where the rights of the parties under the foreign law cannot be certainly and definitely ascertained, and where the foreign tribunal is equally available to both parties.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts are stated in the opinion. . The courts of the United States should not take cognizance of an alleged cause of action for a foreign tort where the rights of the parties under the foreign law cannot be certainly and definitely ascertained, and where the foreign tribunal is equally available to both parties. Slater v. Mexican National R. R. Co., 194 U. S. 120, 129. The rule is that the lex loci delicti determines whether or not there is ,a cause of action. Machado v. Fontes (1897), L. R. 2 Q. B. 231; Phillips v. Eyre…
1Opinion of the CourtJustice Holmes
This is an action for the loss of a hand through a defect in machinery, in connection with which the defendant in error, the plaintiff, was employed. The plaintiff had noticed the defect and reported it, and, according to his testimony, had been promised that it should be repaired or replaced as soon as they had time, and he had been told to go on in the meanwhile. The jury was instructed that if that was what took place the defendant company assumed the risk for a reasonable time, and, in effect, that if that time had not expired the plaintiff was entitled to recover. The jury found for the…
2Cases cited9 opinions
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- The " Scotland"Supreme Court of the United States · 1882
- The ChattahoocheeSupreme Court of the United States · 1899
- The Maggie HammondSupreme Court of the United States · 1870
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3Cited by154 opinions
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- Kiobel v. Royal Dutch Petroleum Co.Supreme Court of the United States · 2013
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
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