Southern Pacific Co. v. Tomlinson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE TERRITORY OE ARIZONA. This was an action brought in the district court of the second judicial district of the Territory of Arizona in and for the county of Pima, by Bertha, widow of Thomas Tomlinson, against the Southern Pacific Company, a railroad corporation, under Title 36 of the Revised Statutes of Arizona of 1887, entitled “ Injuries Resulting in Death.”
Read the full summary
ERROR TO THE SUPREME COURT OE THE TERRITORY OE ARIZONA. This was an action brought in the district court of the second judicial district of the Territory of Arizona in and for the county of Pima, by Bertha, widow of Thomas Tomlinson, against the Southern Pacific Company, a railroad corporation, under Title 36 of the Revised Statutes of Arizona of 1887, entitled “ Injuries Resulting in Death.” The complaint alleged that, while Thomas Tomlinson was walking along a public passageway where it crossed the defendant’s railroad, the defendant caused one of its locomotive engines and a train of cars…
1Opinion of the CourtJustice Gray
This action is brought under provisions of a statute of the Territory of Arizona, copied from a statute of Texas upon the same subject. Arizona Rev. Stat. of 1887, tit. 36, §§ 2145-2155; Texas Rev. Stat. of 1879, §§ 2899-2908.
By this statute, an action, on account of injuries causing the death of any person, may be brought against a railroad company, or other carrier of goods or passengers, for actual damages, when the death is caused by its negligence, or by the unfitness or gross negligence of its servants or agents; and for exemplary damages also, when the death is caused by the wilful act…
2Cases cited7 opinions
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- March v. WalkerTexas Supreme Court · 1877
- Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Spur Feeding Company v. FernandezArizona Supreme Court · 1970
- Hansen v. Stimson Mill Co.Washington Supreme Court · 1938
- Michael Soto v. Anthony M SaccoArizona Supreme Court · 2017
- Mann v. Minnesota Electric Light & Power Co.Court of Appeals for the Tenth Circuit · 1930
- Kroger Grocery & Baking Co. v. ReddinCourt of Appeals for the Eighth Circuit · 1942
7 more not listed; retrieve them via the Exa API.