Legal Opinion

Panama R. v. Rock

Court of Appeals for the Fifth Circuit

Decided April 15, 1921No. 3567PublishedCited by 3 opinions

In Error to the District Court of the Canal Zone; John W. Hanan, Judge. Action by James Rock against the Panama Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BRYAN, Circuit Judge.

Defendant in error was plaintiff below, and sued to recover damages for the death of his wife, which was caused by the derailment of one of defendant’s trains, alleged to be due to its negligence. Plaintiff recovered judgment.

It is assigned for error that the court overruled a demurrer, based upon the ground that no cause of action for death by wrongful act exists in the Canal Zone. The statute under which this suit is brought is article 2341 of the Civil Code of Panama, which was continued in force in the Canal Zone by executive order, ratified by act of Congress in 1912…

2Cases cited12 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. San Juan Light & Transit Co. v. RequenaSupreme Court of the United States · 1912
  3. Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
  4. Minahan v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1905
  5. Hermann v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1856

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

3Cited by3 opinions

  1. Panama Railroad v. RockSupreme Court of the United States · 1924
  2. Panama R. v. CastillaCourt of Appeals for the Fifth Circuit · 1921
  3. Panama Railroad v. RockSupreme Court of the United States · 1924

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