Legal Opinion

Arizona & New Mexico Railway Co. v. Clark

Supreme Court of the United States

Decided January 11, 1915No. 347PublishedCited by 34 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of certain provisions of the Federal Employers’ Liability Acts of 1908 and 1910 and of the Arizona Enabling Act and of a statute of Arizona relating to the admission of evidence of physicians of the plaintiff in actions for personal injuries, are stated in the opinion. . The action was not removable.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of certain provisions of the Federal Employers’ Liability Acts of 1908 and 1910 and of the Arizona Enabling Act and of a statute of Arizona relating to the admission of evidence of physicians of the plaintiff in actions for personal injuries, are stated in the opinion. . The action was not removable. See § 33, Arizona Enabling Act, an4 express prohibition in amendment of § 6 of the Employers’ Liability Act of April 5, 1910, as reenacted, § 28, Jud. Code; Lee v. Toledo cfee. By., 193 Fed.…

1Opinion of the CourtJustice Pitney

This action, brought by Clark against the Railway Company, was commenced in January, 1912, in the District Court of the Fifth Judicial District of the then Territory of Arizona. It was based upon the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, as amended April 5, 1910, c. 143, 36 Stat. 291. The complaint alleged that while defendant was engaging in commerce between the Territories of Arizona and New Mexico as a common carrier by railroad, and while plaintiff was employed by defendant in such commerce, he sustained certain personal injuries through the negligence…

2Cases cited3 opinions

  1. MacKay v. Uinta Development Co.Supreme Court of the United States · 1913
  2. Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
  3. Capron v. . DouglassNew York Court of Appeals · 1908

3Cited by34 opinions

  1. United States v. HvoslefSupreme Court of the United States · 1915
  2. State v. ThomasArizona Supreme Court · 1954
  3. Bruington v. WagonerSupreme Court of Kansas · 1917
  4. Arizona Eastern Railroad v. MatthewsArizona Supreme Court · 1919
  5. Bain v. SUPER. CT. IN AND FOR MARICOPA CTY.Arizona Supreme Court · 1986

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