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· 12/7/1891

New Orleans & Northeastern Railroad v. Jopes

Citations

  • 142 U.S. 18
  • 12 S. Ct. 109
  • 35 L. Ed. 919
  • 1891 U.S. LEXIS 2565

Syllabus

<p>When a bill of exceptions is signed during the term, and purports to contain a recital of what transpired during the trial, it will be presumed that all things therein stated took place at the trial, unless from its language the contrary is disclosed.</p> <p>The law of self-defence justifies an act done in honest and-reasonable belief of immediate danger; and, if an injury be thereby inflicted upon the person from whom the danger was apprehended, no liability, civil or criminal, follows.</p> <p>If an act of an employé be lawful and one which he js justified in doing, and which casts no personal responsibility upon him, no responsibility attaches to the employer therefor.</p> <p>A railroad, company is not responsible for an injury done to a passenger in one of its trains by the conductor of the train, if the act is done in self-defence against the passenger and under a reasonable belief of immediate danger.</p> <p>New Jersey Steamboat Oo. v. Brockett, 121 U. S. 637, distinguished.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that because the employee was free from fault, so was the employer

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer

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