Legal Opinion

Miller v. Cornwall Railroad

Supreme Court of the United States

Decided November 1, 1897No. 18PublishedCited by 30 opinions

ERROR TO THE SUPREME COURT OE THE STATE OF PENNSYLVANIA. Lewis Miller brought his action against the Cornwall Railroad Company in the Court of Common Pleas of Lebanon County, Pennsylvania, to recover damages for personal injuries sustained through the company’s negligence while he was being carried on one of its trains.

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ERROR TO THE SUPREME COURT OE THE STATE OF PENNSYLVANIA. Lewis Miller brought his action against the Cornwall Railroad Company in the Court of Common Pleas of Lebanon County, Pennsylvania, to recover damages for personal injuries sustained through the company’s negligence while he was being carried on one of its trains. At the trial, the case was left to the jury, but the court reserved “ the question as to whether there is any evidence of the defendant’s negligence to go to the jury.” • A verdict was returned in plaintiff’s favor, notwithstanding which, judgment was entered for defendant on…

1Opinion of the CourtChief Justice FulleR

The contention of plaintiff in error is that the first section of the act of April 4, 1868, is invalid because in contravention of the Fourteenth Amendment, in that it deprives him of due process of law and denies him the equal protection of the laws.

The validity of a statute is drawn in question whenever the power to enact'it, as it is by its terms, or is made to read by construction, is fairly open to. denial, and is denied. Baltimore & Potomac Railroad v. Hopkins, 130 U. S. 210, 224. And under section 709 of the Revised Statutes, if the ground on which the jurisdiction of this court is…

2Cases cited6 opinions

  1. Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889
  2. Loeber v. SchroederSupreme Court of the United States · 1893
  3. Dibble v. Bellingham Bay Land Co.Supreme Court of the United States · 1896
  4. Texas & Pacific Railway Co. v. Southern Pacific Co.Supreme Court of the United States · 1890
  5. Pim v. St. LouisSupreme Court of the United States · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Gibbes v. ZimmermanSupreme Court of the United States · 1933
  2. Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
  3. Jacobi v. AlabamaSupreme Court of the United States · 1902
  4. Wilson v. McLaneSupreme Court of the United States · 1929
  5. Charleston & South Side Bridge Co. v. VirginiaSupreme Court of the United States · 1897

25 more not listed; retrieve them via the Exa API.

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