Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. McGinnis

Supreme Court of the United States

Decided April 7, 1913No. 762PublishedCited by 212 opinions

error to the court of civil appeals for the third ^ SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The facts, which involve the construction of the provisions of the Employers’ Liability Act of 1908 defining who are entitled to compensation for damages thereunder, are stated in the opinion.

1Opinion of the CourtJustice Lurton

This action was brought in a state court of Texas under the Employers’ Liability Act of April 22, 1908, 35 Stat. 65, c. 149, by the administratrix of W. T. McGinnis, to re cover damages for his negligent death while in the service of the plaintiff in error and while engaged as engineer on an interstate passenger train. The cause of the death was a derailment which occurred while the train was passing over a switch. The defense of the company was that the derailment was caused by malicious tampering with the switch by a stranger, and that the company had not been guilty of any negligence in…

2Cases cited3 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Murdock v. City of MemphisSupreme Court of the United States · 1875
  3. American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913

3Cited by212 opinions

  1. Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
  2. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  3. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  4. Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
  5. Breckon v. Franklin Fuel Co.Michigan Supreme Court · 1970

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