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Texas & Pacific Ry. Co. v. Harvey, 228 U.S. 319 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Texas & Pacific Ry. Co. v. Harvey, 228 U.S. 319 (1913)
Texas & Pacific Railway Company v. Harvey No. 204 Argued March 20, 1913 Decided April 14, 1913 228 U.S. 319
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
In Texas, the common law rule as to risks assumed by the employee has been qualified by statute so that the employee is relieved from giving notice of defects where a person of ordinary intelligence would have continued in service with knowledge of such defect.
Ordinarily, and unless so evident that fair-minded men could not differ in regard thereto, negligence or contributory negligence is not a question of law, but of fact, to be settled by the finding of the jury. Richmond & Danville R. Co. v. Powers, 149 U.S. 43.
In this case, the court having charged that there could be no recovery if there was contributory negligence on the part of the deceased and also having specially charged that there could be no recovery if the deceased was not acting with the care of an ordinarily prudent man, there was no error.
The appellate court is not a jury, and has no power to grant a new trial. That matter rests in the sound discretion of the trial court, and, in a case of this kind, its decision cannot be disturbed unless it appears that contributory negligence was so evident that it became a question of law requiring the court to take the case from the jury.
184 F. 990 affirmed.
The facts, which involve the validity of a verdict against a railway company for damages for causing death of an employee, are stated in the the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Texas & Pacific Ry. Co. v. Harvey, 228 U.S. 319 (1913) in 228 U.S. 319 228 U.S. 320. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2SZ73MPWV7GFMP2.
MLA: U.S. Supreme Court. "Syllabus." Texas & Pacific Ry. Co. v. Harvey, 228 U.S. 319 (1913), in 228 U.S. 319, page 228 U.S. 320. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2SZ73MPWV7GFMP2.
Harvard: U.S. Supreme Court, 'Syllabus' in Texas & Pacific Ry. Co. v. Harvey, 228 U.S. 319 (1913). cited in 1913, 228 U.S. 319, pp.228 U.S. 320. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2SZ73MPWV7GFMP2.
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