Southern Railway Company v. Hussey
283 U.S. 136 (1931)

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U.S. Supreme Court

Southern Railway Company v. Hussey, 283 U.S. 136 (1931)

Southern Railway Company v. Hussey

No. 342

Argued March 18, 19, 1931

Decided April 13, 1931

283 U.S. 136

Syllabus

1. Evidence offered by a litigant and excluded, but preserved in the record, may be considered upon review in determining his liability. P. 283 U. S. 138.

2. Under an arrangement between two railroad companies, a section of the main line of one was used by coal trains of the other by means of a switch connection. Due to a defect in the mechanism for turning the switch signal light, which could have been discovered by due care, the switch was left open by men operating a train of the second company at night, leaving the green light showing the main line clear, with the result that a passenger train of that line was deflected, and a passenger injured. Held that the company owning the main line was responsible to the passenger for the condition of the signal and liable for his injuries. P. 283 U. S. 139.

42 F.2d 70 affirmed.

Certiorari, 282 U.S. 826, to review a judgment of the circuit court of appeals affirming a recovery in an action for personal injuries which was removed from a state court on the ground of diversity of citizenship.

Page 283 U. S. 137

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