Southern Railway Co. v. King
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS- FOR THE FIFTH CIRCUIT. The facts, which involve the constitutionality of a statute of Georgia regulating the crossing of highways by railroad .traihs, are stated in the opinion.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS- FOR THE FIFTH CIRCUIT. The facts, which involve the constitutionality of a statute of Georgia regulating the crossing of highways by railroad .traihs, are stated in the opinion. The amendment alleging that the Blow Post statute is void because a burden upon interstate commerce was in proper form and conformed to the laws1 of Georgia and properly raised the constitutional question. .8. F When a constitutional question is not made or passed upon in the lower court, the court of review will not consider it, though afterward argued there. The reverse of…
1Opinion of the CourtJustice Day
These cases were tried together in the Circuit Court and were so considered in the Circuit Court of Appeals, and will be so disposed of here. In No. 140, Josephine King brought her suit in the Superior Court of'Haber-sham County, Georgia, to recover $10,000 against the Southern Railway Company for the wrongful death of her husband, killed while riding in a buggy at a crossing of the defendant’s railway. The alleged negligence was the violation of a certain statute of the State of Georgia, in that the company failed to check and to keep checking *531the speed of its train while approaching the…
2Cases cited12 opinions
- Smith v. AlabamaSupreme Court of the United States · 1888
- Crutcher v. KentuckySupreme Court of the United States · 1891
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
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3Cited by151 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
- Savage v. JonesSupreme Court of the United States · 1912
- Blackmer v. United StatesSupreme Court of the United States · 1932
- Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
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