Panama R. Co. v. Toppin
| Decision Date | 17 April 1918 |
| Docket Number | 3203. |
| Citation | 250 F. 989 |
| Parties | PANAMA R. CO. v. TOPPIN. |
| Court | U.S. Court of Appeals — Fifth Circuit |
In Error to the District Court of the Canal Zone; William H Jackson, Judge.
Action at law by Joseph T. Toppin against the Panama Railroad Company. Judgment for plaintiff, and defendant brings error. Affirmed.
1. MASTER AND SERVANT 304-- LIABILITY FOR NEGLIGENCE-- LAW OF PANAMA.
Under Law 62, art. 5, Laws Colombia 1887, now the law of Panama, a railroad company is liable for personal injuries caused by the negligence of its employes while engaged in the service they were employed to render.
2. DAMAGES 32-- PERSONAL INJURIES-- PAIN AND SUFFERING.
Under the law in force in Panama and in the Canal Zone, damages for physical pain and suffering are recoverable in an action for personal injury.
Frank Feuille and Walter F. Van Dame, both of Ancon, C.Z., for plaintiff in error.
W. C Todd, of Colon, C.Z., and William C. MacIntyre, of Cristobal C.Z., for defendant in error.
Before WALKER and BATTS, Circuit Judges, and FOSTER, District Judge.
This was a suit brought by the defendant in error in the District Court of the Canal Zone to recover damages for personal injuries alleged to have been caused by the negligent operation, on a public street or thoroughfare in the republic of Panama, by employes of the plaintiff in error of a railroad locomotive of the latter. The amended complaint alleged that the following were laws in force in the republic of Panama:
Article 2341, Civil Code of Panama:
'He who shall have been guilty of an offense or fault, which has caused another damage, is obliged to repair it, without prejudice to the principal penalty which the law imposes for the fault or offense committed.'
Article 5, Law 62, 1887:
'Railroad companies are responsible for the wrongs and injuries which are caused to persons or properties by reason of the service of said railroads and which are imputable to want of care, neglect, or violation of the respective police regulations which shall be issued by the government as soon as the law is promulgated.'
Articles 488, 489, Police Code:
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