Legal Opinion

Texas & Pacific Railway Co. v. Volk

Supreme Court of the United States

Decided January 3, 1894No. 161PublishedCited by 54 opinions

ERROR TO THE CIROUIT COURT OF THE UÑITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was an. action against a railroad corporation incorporated by act of Congress, to recover for personal injuries.

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ERROR TO THE CIROUIT COURT OF THE UÑITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was an. action against a railroad corporation incorporated by act of Congress, to recover for personal injuries. The petition alleged that while the plaintiff, a laborer employed in the Fort Worth Iron Works, a corporation owning and carrying on a shop or foundry, was assisting in unloading an iron boiler from a railroad car disconnected from any engine and standing upon a'side track or switch belonging ' to or used by that corporation, close by its shop or •foundry, and connected with the defendant’s…

1Opinion of the CourtJustice Gray

The rulings as to the allegations and proof upon the subject of exemplary damages became immaterial by the subsequent instruction of the court withdrawing from the consideration of the jury the claim of such damages, and by the return of a verdict for actual damages only. Pennsylvania Co. v. Roy, 102 U. S. 451; New York, Lake Erie & Western Railroad v. Madison, 123 U. S. 524.

By the settled law of this court, not controverted at the bar, contributory negligence on the part of the' plaintiff need not be negatived or disproved by him, but the burden of proving it is upon the defendant. Inland &…

2Cases cited9 opinions

  1. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  2. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  3. Pennock v. DialogueSupreme Court of the United States · 1829
  4. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  5. Shutte v. ThompsonSupreme Court of the United States · 1873

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

3Cited by54 opinions

  1. Goldsby v. United StatesSupreme Court of the United States · 1895
  2. Backus v. Fort Street Union Depot Co.Supreme Court of the United States · 1898
  3. Isaacs v. United StatesSupreme Court of the United States · 1895
  4. Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
  5. Texas & Pacific Railway Co. v. CodySupreme Court of the United States · 1897

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

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