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Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903)
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Texas & Pacific Railway Company v. Behymer No. 224 Argued March 20, April 6, 1903 Decided April 20, 1903 189 U.S. 468
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE FIFTH CIRCUIT
Syllabus
In an action for personal injuries sustained by a brakeman by falling from a car, where the claim was based upon negligence in stopping the car suddenly with knowledge of his position and of the slippery condition of the roof of the car and also upon the projection of a nail in the roof of the car which increased the danger and contributed to his fall, held, there was no error in the court’s declining to rule that the chance of such an accident was one of the risks assumed by the plaintiff, or that the question whether the defendant was liable depended on whether the freight train was handled in the usual and ordinary way. It was proper for the court to leave it to the jury to say whether the train was handled with due care.
The case is stated in the opinion of the court.
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Chicago:
U.S. Supreme Court, "Syllabus," Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903) in 189 U.S. 468 Original Sources, accessed August 29, 2025, http://www.originalsources.com/Document.aspx?DocID=E2PPXTZK31EAS5A.
MLA:
U.S. Supreme Court. "Syllabus." Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903), in 189 U.S. 468, Original Sources. 29 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=E2PPXTZK31EAS5A.
Harvard:
U.S. Supreme Court, 'Syllabus' in Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903). cited in 1903, 189 U.S. 468. Original Sources, retrieved 29 August 2025, from http://www.originalsources.com/Document.aspx?DocID=E2PPXTZK31EAS5A.
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