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Southern Ry. Co. v. Gray, 241 U.S. 333 (1916)
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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.
Southern Ry. Co. v. Gray, 241 U.S. 333 (1916)
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 241 U.S. 329, click here.
Southern Railway Company v. Gray No. 355 Argued May 5, 1916 Decided May 22, 1916 241 U.S. 333
ERROR TO THE SUPREME COURT
OF THE STATE OF NORTH CAROLINA
Syllabus
Contradictory statements made by a witness prior to his examination in the case can have no legal tendency to establish the truth of their subject matter.
Rights and obligations under the Federal Employers’ Liability Act depend upon that Act and applicable principles of common law as interpreted and applied in federal courts.
In an action under the Federal Employers’ Liability Act, negligence by the employer is essential to a recovery, and where there is no evidence to show why a brakeman, sent to guard his train, should lie down and go to sleep on the track within a short distance of a curve, negligence cannot be imputed to the engineer of an approaching passenger train for not stopping his train before striking him, it appearing that the distance from the curve was less than that in which a train could be stopped even if a light could have been seen. The engineer of an approaching train, on seeing the lights of a brakeman sent out to guard the latter’s train, has a right to presume that the brakeman is standing on guard, and he does not owe such brakeman a duty to immediately top his train or a to avoid hitting him.
167 N.C. 433 reversed.
The facts, which involve the validity of a verdict and judgment in an action under the Employers’ Liability Act, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Southern Ry. Co. v. Gray, 241 U.S. 333 (1916) in 241 U.S. 333 241 U.S. 334. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZE1591Z7QKIDRBF.
MLA: U.S. Supreme Court. "Syllabus." Southern Ry. Co. v. Gray, 241 U.S. 333 (1916), in 241 U.S. 333, page 241 U.S. 334. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZE1591Z7QKIDRBF.
Harvard: U.S. Supreme Court, 'Syllabus' in Southern Ry. Co. v. Gray, 241 U.S. 333 (1916). cited in 1916, 241 U.S. 333, pp.241 U.S. 334. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZE1591Z7QKIDRBF.
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