Alabama Great Southern Railway Co. v. Thompson
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts are stated-'in. the opinion. Parties cannot be. guilty of a joint tort unless each has contributed to the harmful result. In the present case the company, itself, has not been an actor in that which caused the injury. Its sole responsibility is because in law it is surety for the conduct of these servants. On that account alone it is sued.
Read the full summary
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts are stated-'in. the opinion. Parties cannot be. guilty of a joint tort unless each has contributed to the harmful result. In the present case the company, itself, has not been an actor in that which caused the injury. Its sole responsibility is because in law it is surety for the conduct of these servants. On that account alone it is sued. Such responsibility does not make it proper to join them with the company in an action. The liability of the individual defendants is because they did the thing that brought…
1Opinion of the CourtJustice Day
This case is here on a certificate from the United States Circuit Court of Appeals for the Sixth Circuit. The certificate states' the facts and propounds the questions as follows:
“This was an action in tort brought by the administrator of Florence James for the negligent killing of the intestate by the defendant railroad company.
“The suit was started in a Circuit Court of the State of Tennessee and a declaration was there filed.
“The plaintiff was a citizen of Tennessee.
“The defendants were the Alabama Great Southern Railway Company, a corporation organized under the laws of Alabama, and…
2Cases cited18 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Torrence v. SheddSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by307 opinions
- Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
- Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1998
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
302 more not listed; retrieve them via the Exa API.