Panama R. Co. v. Pigott, 254 U.S. 552 (1921)

Panama R. Co. v. Pigott

No. 133

Subutted January 13, 1921
Decided January 24, 1921
254 U.S. 552

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. By the law of Panama, a railroad company is liable for the negligence of its servants, and damages are recoverable for pain in a case of personal injuries. P. 553. Panama R. Co. v. Toppin, 252 U.S. 308.

2. Whether or not Panama law on these subject should be judicially noticed by the District Court for the Canal Zone in an action involving injuries suffered in Panama, held that the defendant railroad company was not harmed in this case by leaving it to be determined by the jury on conflicting evidence of experts. Id.

3. Due care may require a railroad company to keep a flagman at a dangerous treet crossing. Id.

4. Conduct that would be contributory negligence as a matter of law in an older person may not be so in a boy of seven. Id.

256 F. 837 affirmed.

The case is stated in the opinion.