Panama Railroad v. Pigott

Supreme Court

Panama Railroad v. Pigott

254 U.S. 552, 41 S. Ct. 199, 65 L. Ed. 400, 1921 U.S. LEXIS 1851

CourtSupreme Court of the United States

DecidedJanuary 24, 1921

Docket133

StatusPublished

Cited by14 cases

This text of 254 U.S. 552 (Panama Railroad v. Pigott) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Panama Railroad v. Pigott, 254 U.S. 552, 41 S. Ct. 199, 65 L. Ed. 400, 1921 U.S. LEXIS 1851 (1921).

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Opinion

Mr. Justice Holmes

delivered the opinion of the court.

This is an action brought in the District Court of the Cmial Zone for the Division of Cristobal to recover from the Panama. Railroad Company for personal injuries suffered by the minor, Pigott, in the City of Colon, Republic^ *553 of Panama. Pigott recovered a judgment which, was affirmed by the Circuit Court of Appeals. 256 Fed. Rep. 837. The case is brought to this Court under the Panama Canal Act, August 24, 1912, c. 390, § 9, 37 Stat. 560, 566. The facts may be stated in a few words. The minor, a boy of seven, was run over when attempting to cross the railroad track on a Street in Colon. There was evidence that the crossing was much used ánd that, especially in the afternoon, the time of the accident, there usually were many children about; there were, however, neither gates nor a watchman at the place. A hedge higher than the child somewhat obstructed the view. The engine was backing a box car and did not have the'iookout required. by the company’s rules There was evidence also that it gave no warning by bell or whistle. In short by the criteria of the common law the plaintiff had a right to go to the jury with his case.

The fundamental argument for the plaintiff in error is that the law of Panama was not applied in determining the principles of liability or in fixing the rule of damages. It is contended that if, as there was evidence to prove, due care had been used in the selection of servants by the railroad, the company was not answerable for their negligence, and that in any event there could be no recovery for pain. Both of these contentions are simply attempts to reargue what’was decided in Panama R. R. Co. v. Toppin, 252 U. S. 308. The plaintiff in error certainly did not get less than it was entitled to when, in view of contradictory testimony from lawyers on the two sides, the Court left the law of Panama to the jury. The Court was warranted in also leaving to the jury the question whether proper care required the company to have a flagman or gate at the crossing and the other safeguards that wé have mentioned. Grand Trunk Ry. Co. v. Ives, 144 U. S. 408. In view of the extreme youth of the plaintiff we cannot say that the court erred in allowing the jury *554 to attribute his misfortune to the defendant’s conduct alone, whatever difficulties there might be in the case of an older person; and we perceive no other ground for not allowing the verdict and the decision of the two courts below to stand. - ■

Judgment affirmed.

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Mr. Justice Holmes

delivered the opinion of the court.

This is an action brought in the District Court of the Cmial Zone for the Division of Cristobal to recover from the Panama. Railroad Company for personal injuries suffered by the minor, Pigott, in the City of Colon, Republic^ *553 of Panama. Pigott recovered a judgment which, was affirmed by the Circuit Court of Appeals. 256 Fed. Rep. 837. The case is brought to this Court under the Panama Canal Act, August 24, 1912, c. 390, § 9, 37 Stat. 560, 566. The facts may be stated in a few words. The minor, a boy of seven, was run over when attempting to cross the railroad track on a Street in Colon. There was evidence that the crossing was much used ánd that, especially in the afternoon, the time of the accident, there usually were many children about; there were, however, neither gates nor a watchman at the place. A hedge higher than the child somewhat obstructed the view. The engine was backing a box car and did not have the'iookout required. by the company’s rules There was evidence also that it gave no warning by bell or whistle. In short by the criteria of the common law the plaintiff had a right to go to the jury with his case.

The fundamental argument for the plaintiff in error is that the law of Panama was not applied in determining the principles of liability or in fixing the rule of damages. It is contended that if, as there was evidence to prove, due care had been used in the selection of servants by the railroad, the company was not answerable for their negligence, and that in any event there could be no recovery for pain. Both of these contentions are simply attempts to reargue what’was decided in Panama R. R. Co. v. Toppin, 252 U. S. 308. The plaintiff in error certainly did not get less than it was entitled to when, in view of contradictory testimony from lawyers on the two sides, the Court left the law of Panama to the jury. The Court was warranted in also leaving to the jury the question whether proper care required the company to have a flagman or gate at the crossing and the other safeguards that wé have mentioned. Grand Trunk Ry. Co. v. Ives, 144 U. S. 408. In view of the extreme youth of the plaintiff we cannot say that the court erred in allowing the jury *554 to attribute his misfortune to the defendant’s conduct alone, whatever difficulties there might be in the case of an older person; and we perceive no other ground for not allowing the verdict and the decision of the two courts below to stand. - ■

Judgment affirmed.

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254 U.S. 552, 41 S. Ct. 199, 65 L. Ed. 400, 1921 U.S. LEXIS 1851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panama-railroad-v-pigott-scotus-1921.

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