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Shipp v. Texas & P. Ry. Co.

Shipp v. Tex. & P. Ry. Co., 201 F. 1023 (5th Cir. 1913)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 18, 1913
Docket
No. 2,379
Citations
201 F. 10231913 U.S. App. LEXIS 1958
Summary
In Error to the District Court, of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge.

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Opinion of the Court

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PER CURIAM.

The petition in this case states no case of liability under the Employers’ Liability Act of 1908 (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1911, p. 1322]) as amended by act of 1910 (Act April 5, 1910, c. 143, 36 Stat. 291 [U. S. Comp. St. Supp. 1911, p. 1324]). Under the Louisiana law applicable, the case does not show that the defendant was guilty of negligence, but shows that the plaintiff’s decedent was guilty of contributory negligence in the matter resulting in his death. The judgment of the District Court is affirmed.

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