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Herron v. Southern Pacific Company, 283 U.S. 91 (1931)
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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.
Herron v. Southern Pacific Company, 283 U.S. 91 (1931)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 283 U.S. 64, click here.
Herron v. Southern Pacific Company No. 131 Submitted March 2, 1931 Decided April 13, 1931 283 U.S. 91
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The provision of the constitution of Arizona (Art. 18, § 5) that "[t]he defense of contributory negligence . . . shall, in all cases whatsoever, be a question of fact and shall at all times, be left to the jury" is not binding on the federal court sitting in that state. P. 92.
So held in an ordinary common law action for personal injuries suffered in a railway crossing accident.
2. The function of the trial judge in a federal court is not a local matter, and state statutes or constitutional provisions which would interfere with the appropriate exercise of that function are not binding either under the Conformity Act or the Rules of Decision Act, U.S.C. Title 28, §§ 724, 725. P. 94.
Answers to questions certified by the court below upon an appeal from a judgment on a directed verdict, in a personal injury case.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Herron v. Southern Pacific Company, 283 U.S. 91 (1931) in 283 U.S. 91 283 U.S. 92. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AL32GLFEQZGEDDA.
MLA: U.S. Supreme Court. "Syllabus." Herron v. Southern Pacific Company, 283 U.S. 91 (1931), in 283 U.S. 91, page 283 U.S. 92. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AL32GLFEQZGEDDA.
Harvard: U.S. Supreme Court, 'Syllabus' in Herron v. Southern Pacific Company, 283 U.S. 91 (1931). cited in 1931, 283 U.S. 91, pp.283 U.S. 92. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AL32GLFEQZGEDDA.
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