|
|
Atchison, T. & S.F. Ry. Co. v. Nichols, 264 U.S. 348 (1924)
Contents:
Show Summary
Hide Summary
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.
Atchison, T. & S.F. Ry. Co. v. Nichols, 264 U.S. 348 (1924)
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 264 U.S. 331, click here.
Atchison, Topeka & Santa Fe Railway Company v. Nichols No. 268 Argued February 26, 1924 Decided April 7, 1924 264 U.S. 348
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
A statute of New Mexico (Anno.Stats., 1915, § 1820) provides that, whenever any person shall die from an injury occasioned by negligence of the servants, etc. of a railroad company whilst running a train, the company "shall forfeit and pay for every person or passenger so dying" the fixed sum of 5,000.00, to be sued for and recovered by the husband in case of the death of a wife.
(a) Held, that the purpose is not to punish an offense against public justice, but to afford redress for a civil injury, and therefore enforcement of the right accruing from a death in New Mexico by an action in another state is not objectionable to the principle that one state will not enforce the penal laws of another. P 350.
(b) The law of California (Code Civ.Proc., § 377) measures the damages for death by wrongful act by the pecuniary loss resulting to the surviving relative, while the above-cited act of New Mexico fixes the amount in the class of case covered at $5,000.00. Held that there is here no such difference of policy as should deny the aid of the state and federal courts in California to the enforcement of a cause of action arising under the New Mexico statute in New Mexico. P. 352.
286 F. 1 affirmed.
Certiorari to a judgment of the circuit court of appeals reversing a judgment of the District Court for the railroad company and directing entry of judgment for the plaintiff, Nichols, in his action to recover damages for the death of his wife, alleged to have been caused by the company’s negligence. The action came into the district court by removal from the Superior Court of California.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Atchison, T. & S.F. Ry. Co. v. Nichols, 264 U.S. 348 (1924) in 264 U.S. 348 264 U.S. 349. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=T964UDSHXWL5YU9.
MLA: U.S. Supreme Court. "Syllabus." Atchison, T. & S.F. Ry. Co. v. Nichols, 264 U.S. 348 (1924), in 264 U.S. 348, page 264 U.S. 349. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T964UDSHXWL5YU9.
Harvard: U.S. Supreme Court, 'Syllabus' in Atchison, T. & S.F. Ry. Co. v. Nichols, 264 U.S. 348 (1924). cited in 1924, 264 U.S. 348, pp.264 U.S. 349. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=T964UDSHXWL5YU9.
|