Seaboard Air-Line Railway v. Blackwell
Supreme Court of Georgia
Questions certified by Court of Appeals (Case No. 5631). Elizabeth Blackwell brought suit against the Seaboard Air-Line Railway for an alleged homicide by the defendant of her minor son, who, while traveling along a public road, came to a crossing on its line, which was about two miles east of the city of Elberton, where defendant’s track crossed such public road, and, while crossing over the track in a buggy, was struck and killed by the engine of the defendant.
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Questions certified by Court of Appeals (Case No. 5631). Elizabeth Blackwell brought suit against the Seaboard Air-Line Railway for an alleged homicide by the defendant of her minor son, who, while traveling along a public road, came to a crossing on its line, which was about two miles east of the city of Elberton, where defendant’s track crossed such public road, and, while crossing over the track in a buggy, was struck and killed by the engine of the defendant. An act of negligence alleged in the petition was the failure on the part of the defendant to comply with the provisions of the…
1Opinion of the CourtLumpkin, J.
It is well established by decisions of the Supreme Court of the United States that the right to regulate interstate commerce is exclusively vested in Congress, and that the States can not pass any laws directly regulating such commerce; but that the States may, in the exercise of their police power, pass laws in the interest of public safety which do not interfere directly with the operation of interstate commerce; that the constitutionality of a State statute regulating the operation of railroad trains depends upon its effect on interstate commerce; and that, in the absence of congressional…
2Cases cited16 opinions
- Crutcher v. KentuckySupreme Court of the United States · 1891
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Southern Railway Co. v. KingSupreme Court of the United States · 1910
- Atlantic Coast Line Railroad v. GeorgiaSupreme Court of the United States · 1914
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3Cited by1 opinion
- Seaboard Air-Line Railway v. BlackwellCourt of Appeals of Georgia · 1915