El Paso & Northeastern Railway Co. v. Gutierrez
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF TEXAS. The facts, which involve the constitutionality of the Employers’ Liability Law of June 11, 1906, c. 3073, 34 Stat. 232, as applied to the Territories of the United States, are stated in the opinion. .This court has jurisdiction to review the judgment of the state court of Texas; the plaintiff in error as defendant below asserted the unconstitutionality of the Employers’ Liability Act and that this case was controlled by the…
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ERROR TO THE SUPREME COURT OP THE STATE OF TEXAS. The facts, which involve the constitutionality of the Employers’ Liability Law of June 11, 1906, c. 3073, 34 Stat. 232, as applied to the Territories of the United States, are stated in the opinion. .This court has jurisdiction to review the judgment of the state court of Texas; the plaintiff in error as defendant below asserted the unconstitutionality of the Employers’ Liability Act and that this case was controlled by the statute of New Mexico. The denial of this claim was the denial of a Federal right. St. Louis &c. By. Co. v. Taylor, 210…
1Opinion of the CourtJustice Day
In this case an action was commenced by Enedina Gutierrez, as administratrix of the estate of Antonio Gutierrez, in the District Court of El Paso County, Texas, against the El Paso and Northeastern Railway Company, to recover damages because of the death of thé plaintiff’s intestate by wrongful act while engaged in the service of the railway company, common carrier in the Territory of New Mexico, on June 22, 1906.- By way of special plea and answer the railway company set up a statute of the Territory of New Mexico, wherein it is provided that no actions for injuries inflicting death caused…
2Cases cited5 opinions
- The Employers'liability CasesSupreme Court of the United States · 1908
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Atchison, Topeka & Santa Fe Railway Co. v. SowersSupreme Court of the United States · 1909
- ILLINOIS CENTRAL RAILROAD COMPANY v. McKENDREESupreme Court of the United States · 1905
- Gutierrez v. El Paso & Northeastern RailroadTexas Supreme Court · 1909
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