Panama R. Co. v. Toppin, 252 U.S. 308 (1920)

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Panama Railroad Company v. Toppin, 252 U.S. 308 (1920)


No. 147


Argued January 16, 1920
Decided March 15, 1920
252 U.S. 308

ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

By the laws of Panama, a railroad company is liable for personal injuries resulting from the criminal negligence of its servant in running an engine at a rate prohibited by the Panama Police Code. P. 310.

The rule of respondeat superior applies in Panama, in such cases, and due care in selecting the servant is not a defense for the railroad company. P. 311.

In Panama, under Civil Code, Art. 2341, as well as in the Canal Zone, damages for physical pain are allowable in a personal injury case. P. 313. Panama R. Co. v. Bosse, 249 U.S. 41.

250 F. 989 affirmed.

The case is stated in the opinion.