Chicago Co v. Pontius
Decision Date | 18 March 1895 |
Docket Number | No. 716,716 |
Citation | 157 U.S. 209,39 L.Ed. 675,15 S.Ct. 585 |
Parties | CHICAGO, K. & W. R. CO. v. PONTIUS |
Court | U.S. Supreme Court |
Pontius brought an action against the railroad company in the district court of Dickinson county, Kan., to recover for injuries sustained by him while in the employment of the company, and obtained judgment for $2,000. The case was taken on error to the supreme court of the state, and the judgment affirmed, whereupon a writ of error was allowed from this court, and, the cause having been docketed, a motion to dismiss the writ or affirm the judgment was submitted.
In the opinion of the supreme court of Kansas, reported 52 Kan. 264, 34 Pac. 739, the case is stated thus:
Geo. R. Peck, A. T. Britton, and A. B. Browne, for plaintiff in error.
John H. Mahan, for defendant in error.
Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.
Section 93 of chapter 23 of the General Statutes of Kansas (1 Gen. St. Ken. 1889, p. 415) provides: 'Every railroad company organized or doing business in this state shall be liable for all damages done to any employ e of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage.'
In Railway Co. v. Mackey, 33 Kan. 298, 6 Pac. 291, the validity of this law was drawn in question on the ground of repugnancy to the constitution of the United States, and its validity sustained. The case was brought here on error, and the judgment of the state court affirmed. Railway Co. v. Mackey, 127 U. S. 205, 8 Sup. Ct. 1161. As to the objection that the law deprived railroad com anies of the equal protection of the laws, and so infringed the fourteenth amendment, this court held that legislation which was special in its character was not...
To continue reading
Request your trial-
Ballard v. Mississippi Cotton Oil Co.
... ... caused are fellow servants in the same common employment and ... acting under the same immediate direction. Chicago, M. & ... St. P. Ry. Co. v. Ross, 112 U.S. 377 (5 S.Ct. 184; 98 L ... Ed., 787.) Assuming that this rule would apply to the case ... presented, ... counsel for appellant, is this: that the supreme court of the ... United States, in Chicago R. R. Co. v ... Pontius, 157 U.S. 209 (15 S.Ct. 585; 39 L.Ed. 675), ... held that, in severing the unconstitutional from the ... constitutional parts of a statute, a ... ...
-
New Deemer Mfg. Co. v. Alexander
... ... 863] v. Cornell (1883), ... 17 Jones & S. 286; Neilson v ... Gilber (1885), 69 Iowa, 691, 23 N.W. 666; ... Peschel v. Chicago & M. & St. P. R ... Co. (1885), 62 Wis. 338, 11 N.W. 269; Faber ... v. Carlisle Mfg. Co. (1889), 126 Pa. 387, ... 17 A. 621; Smith v ... Co. v. Irvin, 118 Miss. 59; ... Hunter v. Ingram-Day Lbr. Co., 110 ... Miss. 745, 70 So. 901; Railroad Co. v ... Pontius, 157 U.S. 209, 15 S.Ct. 585, 30 L.Ed. 675; ... Ballard v. Oil Company, 81 Miss ... 507; Missouri R. R. Co. v. Mackey, ... 127 U.S ... ...
-
Stoll v. Pacific Coast S.S. Co.
... ... Brown, ... 37 Wash. 97, 79 P. 635, 68 L.R.A. 889, 107 Am.St.Rep. 798; ... Davidson v. New Orleans, 96 U.S. 97, 24 L.Ed. 616; ... Chicago, etc., R.R. v. Chicago, 166 U.S. 226, 17 ... Sup.Ct. 581, 41 L.Ed. 979; Fayerweather v. Ritch, ... 195 U.S. 276, 25 Sup.Ct. 58, 49 L.Ed. 193; ... 1161, 32 ... L.Ed. 107; Minneapolis, etc., Ry. Co. v. Herrick, ... 127 U.S. 210, 8 Sup.Ct. 1176, 32 L.Ed. 109; Railway Co ... v. Pontius, 157 U.S. 209, 15 Sup.Ct. 585, 39 L.Ed. 675; ... Callahan v. Railway Co., 170 Mo. 473, 71 S.W. 208, ... 60 L.R.A. 249, 94 Am.St.Rep. 746, ... ...
-
Zancanelli v. Central Coal & Coke Co.
... ... ( Mum v. Illinois, 94 U.S. 113; ... Hurtado v. California, 110 U.S. 516; Martin v ... Pittsburg & Lake Erie Ry. Co., 203 U.S. 284; Chicago ... & Alton R. R. Co. v. Tranbarger, 238 U.S. 67; New ... York Central R. R. Co. v. White, 243 U.S. 219.) That the ... object and purpose of ... 107, 50 L.Ed. 896; ... Minneapolis &c. R. Co. v. Herrick, 127 U.S. 210, 8 ... S.Ct. 1176, 32 L.Ed. 109; Chicago &c. R. Co. v ... Pontius, 157 U.S. 209, 15 S.Ct. 585, 39 L.Ed. 675), and ... for a purpose within the legislative power. There can be no ... doubt, we think, that all of ... ...