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Western & Atlantic Railroad v. Henderson, 279 U.S. 639 (1929)
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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.
Western & Atlantic Railroad v. Henderson, 279 U.S. 639 (1929)
Western & Atlantic Railroad v. Henderson No. 519 Argued April 17, 1929 Decided May 27, 1929 279 U.S. 639
APPEAL FROM THE SUPREME COURT OF GEORGIA
Syllabus
A state statute which, upon the mere fact of a collision between a railway train and a vehicle at a highway grade crossing and resulting death, raises a presumption that the railway company and it employees were negligent in the particulars alleged in the complaint (even where the allegations are conflicting), and that every act or omission so alleged was the proximate cause of the death; which makes the company liable unless it shows due care in respect of every matter alleged against it, and permits the jury to consider and weigh the presumption as evidence against the testimony of the company’s witnesses tending affirmatively to prove due care, is unreasonable and arbitrary, and violates the due process clause of the Fourteenth Amendment. Mobile, etc. R. Co. v. Turnipseed, 219 U.S. 35, distinguished.
167 Ga. 22 reversed.
Appeal from a judgment of the Supreme Court of Georgia sustaining a recovery in an action for wrongful death. The case was twice before the Court of Appeals of Georgia, 35 Ga.App. 353; 36 id. 679. The appeal here was at first dismissed for want of a federal question, but a rehearing was granted, 278 U.S. 577.
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Chicago: U.S. Supreme Court, "Syllabus," Western & Atlantic Railroad v. Henderson, 279 U.S. 639 (1929) in 279 U.S. 639 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=55I3E6BFRAP3BWC.
MLA: U.S. Supreme Court. "Syllabus." Western & Atlantic Railroad v. Henderson, 279 U.S. 639 (1929), in 279 U.S. 639, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=55I3E6BFRAP3BWC.
Harvard: U.S. Supreme Court, 'Syllabus' in Western & Atlantic Railroad v. Henderson, 279 U.S. 639 (1929). cited in 1929, 279 U.S. 639. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=55I3E6BFRAP3BWC.
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