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Texas & Pacific Ry. Co. v. Swearingen, 196 U.S. 51 (1904)
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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. Swearingen, 196 U.S. 51 (1904)
Texas and Pacific Railway Company v. Swearingen No. 48 Submitted November 3, 1904 Decided December 19, 1904 196 U.S. 51
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE FIFTH CIRCUIT
Syllabus
An employee is entitled to assume that his employer has used due care to provide reasonably safe appliances for the doing of his work. Knowledge of the increased hazard resulting from the negligent location in dangerous proximity to a railroad track of a structure will not be imputed to an employee, using ordinary diligence to avoid it if properly located, because he was aware of its existence and general location. It is for the jury to determine from all the evidence whether he had actual knowledge of the danger.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Texas & Pacific Ry. Co. v. Swearingen, 196 U.S. 51 (1904) in 196 U.S. 51 196 U.S. 53. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=IHWD4RT1TTF9ZLC.
MLA:
U.S. Supreme Court. "Syllabus." Texas & Pacific Ry. Co. v. Swearingen, 196 U.S. 51 (1904), in 196 U.S. 51, page 196 U.S. 53. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=IHWD4RT1TTF9ZLC.
Harvard:
U.S. Supreme Court, 'Syllabus' in Texas & Pacific Ry. Co. v. Swearingen, 196 U.S. 51 (1904). cited in 1904, 196 U.S. 51, pp.196 U.S. 53. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=IHWD4RT1TTF9ZLC.
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