Southern Pacific Co. v. Thomas
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Pattee, Judge. STATEMENT OF PACTS. Action hy the administrator of the estate of Charles H. Thomas, deceased, to enforce the liability of the carrier, given the estate of decedent nnder the federal employers’ liability law (U. S. Comp. Stats., §§ 8657— 8665; 8 Fed. Stats. Ann., 2d ed., pp. 1208-1378) for the nse and benefit of the father.
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APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Pattee, Judge. STATEMENT OF PACTS. Action hy the administrator of the estate of Charles H. Thomas, deceased, to enforce the liability of the carrier, given the estate of decedent nnder the federal employers’ liability law (U. S. Comp. Stats., §§ 8657— 8665; 8 Fed. Stats. Ann., 2d ed., pp. 1208-1378) for the nse and benefit of the father. The deceased was an employee of the Sonthern Pacific Company, occupied as a head brakeman on a train engaged in moving interstate commerce. About dark, on the twelfth day of…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.)- — -The appellant contends that the evidence, undisputed and uncontroverted, “showed conclusively and overwhelmingly that the two couplers were not defective.” If the appellant’s contention is sound, then the special verdicts, in the form of answers to the three interrogations submitted to and answered by the jury, are not sustained by the evidence, and the general verdict is wrong. The defendant is not liable unless it has failed to use due care for the employee’s' safety, in the particular of providing couplers on its cars free from defects.
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2Cases cited15 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
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3Cited by9 opinions
- O'Donnell v. Elgin, Joliet & Eastern Railway Co.Supreme Court of the United States · 1949
- Phillabaum v. Lake Erie & Western RailroadIllinois Supreme Court · 1924
- City of Phoenix v. ClemArizona Supreme Court · 1925
- Ballard v. Sacramento Northern Railway Co.California Court of Appeal · 1932
- Hood v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1924
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