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T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928)
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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.
T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928)
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T. Smith & Son, Inc. v. Taylor No. 186 Argued January 18, 1928 Decided February 20, 1928 276 U.S. 179
ERROR TO THE COURT OF APPEAL FOR THE PARISH
OF ORLEANS, LOUISIANA
Syllabus
While a longshoreman, employed in the unloading of a vessel at dock, was standing upon a stage that rested solely upon the wharf and projected a few feet over the water to or near the vessel, he was struck by a sling loaded with cargo, which was being lowered over her side, and was knocked into the water, where some time later he was found dead.
Held, that the right of action for his death was controlled by the state, and not by the maritime, law, since, though the death occurred in the water, the occurrence which was the sole, immediate, and proximate cause of it and gave rise to the cause of action, was on the wharf, which was to be deemed an extension of the land. P. 181.
5 La.Ct.App. 284 affirmed.
Error to a judgment of the Court of Appeal of Louisiana affirming a recovery under the state workmen’s compensation law. The supreme court of the state denied a writ of certiorari.
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Chicago: U.S. Supreme Court, "Syllabus," T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928) in 276 U.S. 179 276 U.S. 180. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MZTKLL7XL4A1Y9Q.
MLA: U.S. Supreme Court. "Syllabus." T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928), in 276 U.S. 179, page 276 U.S. 180. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MZTKLL7XL4A1Y9Q.
Harvard: U.S. Supreme Court, 'Syllabus' in T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928). cited in 1928, 276 U.S. 179, pp.276 U.S. 180. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MZTKLL7XL4A1Y9Q.
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