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Domestic News March 3, 1909

The Waxahachie Daily Light

Waxahachie, Ellis County, Texas

What is this article about?

US Supreme Court sustains Texas court's $5000 damages award to Arizona brakeman George Sowers for injury in New Mexico railway accident, ruling New Mexico law not binding on non-citizens.

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TEXAS COURT IS SUSTAINED

Judgment of the Supreme Tribunal of United States Important

Washington, March 3.—In deciding the case of the Atchison, Topeka and Santa Fe railway company vs. George Sowers, against the company the supreme court of the United States Monday construed a delicate question concerning the application of laws of one jurisdiction in another. It was an action for damages brought in a Texas state court by Sowers, a brakeman on the railroad and a citizen of Arizona, caused by an accident which occurred in New Mexico. The trial court awarded $5000 damages, and that verdict was affirmed by yesterday's decision.

The injury was sustained by Sowers while riding on the tender of an engine in assisting in switching and the railroad company contended because he was on the tender he was guilty of contributory negligence.

The Texas court decided, however, as the riding on an engine was customary with trainmen it did not constitute negligence.

The railroad company sought to have disposition of the case in New Mexico prohibiting the bringing in other jurisdictions of suits for damages sustained in that territory. The Texas court held this law to be applicable only to citizens of New Mexico and is not binding on others, and the supreme court sustained this view.

What sub-type of article is it?

Legal Or Court Accident

What keywords are associated?

Supreme Court Decision Railway Accident Damages Award Texas Court New Mexico Accident

What entities or persons were involved?

George Sowers Atchison, Topeka And Santa Fe Railway Company

Where did it happen?

Washington

Domestic News Details

Primary Location

Washington

Event Date

March 3.

Key Persons

George Sowers Atchison, Topeka And Santa Fe Railway Company

Outcome

the trial court awarded $5000 damages, and that verdict was affirmed by yesterday's decision of the supreme court of the united states.

Event Details

In the case of the Atchison, Topeka and Santa Fe railway company vs. George Sowers, an action for damages brought in a Texas state court by Sowers, a brakeman on the railroad and a citizen of Arizona, caused by an accident which occurred in New Mexico. The injury was sustained by Sowers while riding on the tender of an engine in assisting in switching. The railroad company contended contributory negligence, but the Texas court decided riding on an engine was customary and did not constitute negligence. The railroad sought to apply a New Mexico law prohibiting suits in other jurisdictions, but the Texas court held it applicable only to citizens of New Mexico, and the supreme court sustained this view.

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