Mexican Cent. Ry. Co. v. Chantry
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. This is an action brought in the court below by J. M. Chantry, defendant in error, against the Mexican Central Railway Company, Limited, plaintiff in error, to recover damages for injuries received at Ganitas, Mexico, on or about the 27th of March, 1902; said Chantry then being engaged in his employment as a freight conductor for the railway company.
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In Error to the Circuit Court of the United States for the Western District of Texas. This is an action brought in the court below by J. M. Chantry, defendant in error, against the Mexican Central Railway Company, Limited, plaintiff in error, to recover damages for injuries received at Ganitas, Mexico, on or about the 27th of March, 1902; said Chantry then being engaged in his employment as a freight conductor for the railway company. Plaintiff’s original amended petition in the court below sets out all the circumstances attendant upon his injuries, and, in addition, such alleged articles of…
1Opinion of the Court
After stating the case as above, the opinion of the court was delivered by PARDEE, Circuit Judge.
To recover in this transitory action for the alleged personal injuries, it must be shown that the laws of Mexico give a right of action. Foreign laws are matters of fact, and, like other facts, must be pleaded and proved. Liverpool & G. W. S. Co. v. Phenix Ins. Co., 129 U. S. 397, 9 Sup. Ct. 469, 32 L. Ed. 788. Assuming that in this case it has been sufficiently pleaded and proved that under the laws of Mexico the plaintiff is given a civil right of action to recover from the defendant company for…
2Cases cited2 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Mexican Cent. Ry. Co. v. SpragueCourt of Appeals for the Fifth Circuit · 1902
3Cited by5 opinions
- Liechti v. RocheCourt of Appeals for the Fifth Circuit · 1952
- Cuba R. v. CrosbyCourt of Appeals for the Third Circuit · 1909
- Christie v. Cerro De Pasco Copper Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Maia v. Lamport & Holt, Ltd.Appellate Terms of the Supreme Court of New York · 1931
- Cuba R. v. CrosbyCourt of Appeals for the Third Circuit · 1909