Harvey v. Texas & P. Ry. Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. This action was brought by the plaintiff in error against the defendant in error to recover damages for negligently causing the death of her son, under a Texas statute allowing the mother to sue in such cases.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. This action was brought by the plaintiff in error against the defendant in error to recover damages for negligently causing the death of her son, under a Texas statute allowing the mother to sue in such cases. The action was begun in a state court, and was removed,on petition of the defendant to the court below on the ground that the defendant was a corporation under the laws of the United States. The plaintiff alleged in her petition that her son, W. S.'Harvey, was in the employment of the defendant as a…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). 1. It is a general rule that the master must provide a reasonably safe place for the servant to work. He is not an insurer of his servant’s safety, but as to the place of labor and the instrumentalities furnished, the master is bound to exercise such care as a prudent man. would exercise under the circumstances, and he must see to it that the instrumentalities are not such as w'ill expose the servant to unnecessary danger. It follows that the master is in default as respects his servants unless the plant and appliances furnished are such as would commend…
2Cases cited27 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- City of Milwaukee v. AlthoffWisconsin Supreme Court · 1914
- United Dredging Co. v. LindbergCourt of Appeals for the Fifth Circuit · 1927
- Sprickerhoff v. Baltimore & Ohio RailroadAppellate Court of Illinois · 1944
- Schaff v. MorrisCourt of Appeals of Texas · 1920
9 more not listed; retrieve them via the Exa API.