Legal Opinion

American R. Co. of PR v. Birch

Supreme Court of the United States

Decided May 13, 1912No. 224PublishedCited by 93 opinions

ERROR TO THE DISTRICT - COURT OF THE UNITED STATES FOR PORTO RICO. The facts, which involve the construction of the Employers’ Liability Act of 1908 and; its application to Porto Rico, are stated in the opinion. The present, case-comes under both subdivisions of the section.

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ERROR TO THE DISTRICT - COURT OF THE UNITED STATES FOR PORTO RICO. The facts, which involve the construction of the Employers’ Liability Act of 1908 and; its application to Porto Rico, are stated in the opinion. The present, case-comes under both subdivisions of the section. If it came from the Supreme Court of one of the Territories the writ would lie, because the jurisdiction of the court below did not depend upon the character of the parties but upon the character of the cause of action as arising under an act of Congress (the Employers’ Liability Act of April 22, 1908). Royal Ins. Co. v.…

1Opinion of the CourtJustice MgKenna

Action for damages for the death, through the alleged negligence of plaintiff in error, of the husband and father of defendants in error, who are, respectively, deceased’s widow and son.

•The action was originally brought by Ann Elizabeth Birch. A demurrer was filed to the complaint, which was sustained in part, and the court directed counsel “to so amend the complaint as to show whether or not the plaintiff is the sole heir of the deceased, or if she sues for the benefit of certain other heirs, then the complaint must specifically state the name of said other heirs and state under what law…

2Cited by93 opinions

  1. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  2. St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
  3. American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
  4. Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  5. Leet v. Union Pacific RailroadCalifornia Supreme Court · 1944

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