Texas & New Orleans Railroad v. Miller

Syllabus

<p>The protection of charter rights by the contract clause of the Federa! .</p> <p>■- Constitution is subject to the rule that a legislature cannot bargain away-'the police power, or withdraw from its successors the power to guard the public safety, health and morals.</p> <p>A provision in its charter exempting a railroad company from liability for death of employés, even if caused by its own negligence, does not amount to an' irrevocable contract within the protection of the Federal Constitution, but is as much subject to future legislative action as though embodied in a separate statute.</p> <p>Provisions in a corporate charter which are beyond the power of the legislature to grant are not within the protection of the contract clause of the Federal Constitution. '</p> <p>Where there is no allegation or proof that the highest court of a State has construed a' statute of that State, it becomes the duty of the courts of another State, which do not take judicial knowledge of decisions of other States, to construe the statute and its effect upon prior, statutes according to their independent judgment. • Louisville & Nashville B. B. Co. v. Melton, 218 U. S. 36.</p> <p>The decision of .a state court construing a statute of another State under such circumstances is not subject to review by this court if no -Federal right is involved. Eastern Building & Loan Assn. v. Ebaugh, 185 U. S. 114.</p> <p>This court will not disturb the decision of the courts, of Texas that the act of 'Louisiana of 1884, giving a right of action to relatives of pet-sons killed by negligence of another, repealed the provisions in the charter of a railroad company granted in 1878 exempting it from liability for a person killed by its negligence; and the act of 1884 is not unconstitutional as impairing any contract obligation in such chatter.</p> <p>An omission in the complaint can be cured by an allegation in the answer. United States v: Morris, 10 Wheat. 246.</p> <p>Where an action is commenced in t