Legal Opinion

Southern Railway Co. v. Crockett

Supreme Court of the United States

Decided June 22, 1914No. 826PublishedCited by 57 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP TENNESSEE. The facts, which involve the construction and application of the provisions of the Safety Appliance Acts and of the Employers’ Liability Act, are stated in the opinion. The Safety Appliance Act did not require a draw-bar thirty-one and one-half inches high. A switch-engine is not a freight car. The words “all cars” in § 2 are not applicable to height of draw-bars.

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ERROR TO THE SUPREME COURT OP THE STATE OP TENNESSEE. The facts, which involve the construction and application of the provisions of the Safety Appliance Acts and of the Employers’ Liability Act, are stated in the opinion. The Safety Appliance Act did not require a draw-bar thirty-one and one-half inches high. A switch-engine is not a freight car. The words “all cars” in § 2 are not applicable to height of draw-bars. The effect of the act of 1893, and the effect of the amendment of 1903 were misconceived by the Circuit Court of Appeals. The defendant in error assumed the risk: such was the…

1Opinion of the CourtJustice Pitney

Crockett, the defendant in error, brought this action in the Circuit Court of Knox County, Tennessee, to recover damages for personal injuries sustained by him while in the employ of the Railway Company. The action was based .upon the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, in connection with the Safety Appliance Act of March 2, 1893, c. 196, 27 Stat. 531, and the amendments of 1896 and 1903, c. 87, 29 Stat. 85; c. 976, 32 Stat. 943. He recovered a judgment in the trial court, which was affirmed by the Court of Civil Appeals. A petition for a writ of…

2Cases cited8 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  3. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  4. Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
  5. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907

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3Cited by57 opinions

  1. Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
  2. Moore v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1934
  3. Spokane & Inland Empire Railroad v. CampbellSupreme Court of the United States · 1916
  4. St. Louis & San Francisco Railroad v. ConartySupreme Court of the United States · 1915
  5. United States v. Erie Railroad CompanySupreme Court of the United States · 1915

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