Legal Opinion

Texas & P. Ry. Co. v. Rigsby

Court of Appeals for the Fifth Circuit

Decided April 29, 1915No. 2638PublishedCited by 4 opinions

Pardee, Circuit Judge, dissenting. In Error to the District Court of the United States for the East-era District of Texas; Gordon Russell, Judge. Action by A. R. Rigsby against the Texas & Pacific Railway Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WALKER, Circuit Judge.

[1] We understand that the provisions of the Safety Appliance Act are made applicable to any common carrier engaged in interstate commerce by railroad, that that act forbids such carrier to haul or to permit to be hauled or used on its line any car defective in a particular specified in the act, and penalizes such a movement unless it is one from a place where the equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, even that movement being penalized unless it is necessary to get the required repairs…

2Cases cited1 opinion

  1. Southern Railway Co. v. United StatesSupreme Court of the United States · 1911

3Cited by4 opinions

  1. McCalmont v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1922
  2. Southern Railway Company v. Earl N. BryanCourt of Appeals for the Fifth Circuit · 1967
  3. McNaney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1916
  4. New v. SaundersSupreme Court of Oklahoma · 1922

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