Legal Opinion

Missouri Pacific Railway Co. v. MacKey

Supreme Court of the United States

Decided April 23, 1888No. 218PublishedCited by 246 opinions

ERROR TO THE SUPREME COURT OE THE STATE OF KANSAS. The case, as stated by the court, was as follows: In 1882, the defendant below, the Missouri Pacific Railway Company, a corporation created under the laws of Kansas, operated lines of railway in the latter State. It also had control of two track-yards adjacent to the city of Atchison, designated respectively as the upper and lower yard, and it used two switch-engines in moving cars from one yard to the other.

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ERROR TO THE SUPREME COURT OE THE STATE OF KANSAS. The case, as stated by the court, was as follows: In 1882, the defendant below, the Missouri Pacific Railway Company, a corporation created under the laws of Kansas, operated lines of railway in the latter State. It also had control of two track-yards adjacent to the city of Atchison, designated respectively as the upper and lower yard, and it used two switch-engines in moving cars from one yard to the other. On the 11th of February of that year the plaintiff was in the service of the company as a fireman on one of these engines employed in…

1Opinion of the CourtJustice Field

At the trial, and in the Supreme Court of the State, it was contended by the defendant, and the contention is renewed here, that the law of Kansas of 1874 is in conflict with the Fourteenth Amendment of the Constitution of the United States, in that it deprives the company of its property without due process of law, and denies to it the equal protection of the laws.

In support of the first position the company calls the attention of the court to the rule of law exempting from liability an employer for injuries to employés caused by the negligence or incompetency of a fellow-servant, Avhich…

2Cases cited6 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Soon Hing v. CrowleySupreme Court of the United States · 1885
  3. Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
  4. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
  5. Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by246 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
  3. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  4. Holden v. HardySupreme Court of the United States · 1898
  5. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898

241 more not listed; retrieve them via the Exa API.

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