American Railroad Co. of Porto Rico v. Didricksen

Citations

• 227 U.S. 145
• 33 S. Ct. 224
• 57 L. Ed. 456
• 1913 U.S. LEXIS 2284

Syllabus

<p>iVhere the plaintiffs in an action under the Employers’ Liability Act are the sole beneficiaries under the statute, a general verdict in their favor, without instructions on this point, overcomes the objection of lack of capacity to sue.</p> <p>The Employers’ Liability Act extends to Porto Rico, as held in American Railroad Company v. Birch, 224 U. S. 547, and now held that the Safety Appliance Acts also extend to Porto Rico.</p> <p>While Porto Rico has not for all purposes been fully incorporated into the United States it is not foreign territory nor are its citizens aliens. Williams v. Gonzales, 192 U. S. 1. Its organization is in most essentials that of a Territory. Kopel v. Bingham, 211 U. S. 408.</p> <p>In view of the provisions of § 3 thereof, effect cannot be given to the Employers’ Liability Act of 1908 in Porto Rico unless the Safety Appliance Acts referred to in § 3 are in force there also.</p> <p>Under the Employers’ Liability Act of 1908 pecuniary damages only are recoverable and these do not include loss of society or companionship of a son to a parent. Michigan Central Railroad v. Vreeland, ante, p. 59.</p>