Morgan's Louisiana & Texas R. R. & S. S. Co. v. Johnson
Opinion of the Court
As originally brought in the District Court for the Eastern District of Louisiana on November 16, 1918, this suit was against the Director General of Railroads for damages for an alleged personal injury sustained by the defendant in error, Mrs. W. C. Johnson (herein referred to as the plaintiff), on May 28, 1918, in consequence of the derailment near Vinton, in the Western district of Louisiana, of the car on which the plaintiff, a resident of Mississippi, was a passenger, having a through ticket, bought at the New Orleans office of the United States Railroad Administration, from New Orleans,
The alleged cause of action arose while the government was operating the lines of railroad of the defendants, and the suit was brought after the promulgation of General Order No. 50 of the United States Railroad Administration, which required such a suit to be brought against the Director General. The question of the right of the plaintiff to maintain the suit against the defendants, or either of them, was duly raised, and the action of the court in allowing the recovery complained of is duly presented for review. The court erred in overruling the objections of the defendants to the maintenance of the suit against them. Missouri Pacific R. R. Co. v. Ault, 255 U. S. -, 41 Sup. Ct. 593, 65 L. Ed. -. June 1, 1921.
Because of that error the judgment is reversed.
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Reference
- Full Case Name
- MORGAN'S LOUISIANA & TEXAS R. R. & S. S. CO. v. JOHNSON
- Status
- Published