| Union Pacific Railway Company v. Botsford | |
|---|---|
 | |
| Argued January 6, 1891 Decided May 25, 1891 | |
| Full case name | Union Pacific Railway Company v. Botsford |
| Citations | 141 U.S. 250 ( more ) 11 S. Ct. 1000; 35 L. Ed. 734 |
| Court membership | |
| |
| Case opinions | |
| Majority | Gray |
| Dissent | Brewer, joined by Brown |
Union Pacific Railway Company v. Botsford, 141 U.S. 250 (1891), was a case before the United States Supreme Court.
A railroad passenger, Clara L. Botsford, sustained permanent injuries to her brain and spinal cord when a berth from a sleeping car fell upon her head. She sued the railroad for negligence in the construction of the railroad car which allegedly caused her injuries. The Union Pacific Railway Company claimed that it was entitled, without her consent, to an opportunity to surgically examine her to determine her diagnosis and the extent of her injuries.
The court disagreed, holding that there was no authority under the common law or statutory law for the trial court to order such an examination: "No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law." [1]
The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. Congress expanded ICC authority to regulate other modes of commerce beginning in 1906. Throughout the 20th century, several of ICC's authorities were transferred to other federal agencies. The ICC was abolished in 1995, and its remaining functions were transferred to the Surface Transportation Board.
Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886), is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. The case is most notable for a headnote stating that the Equal Protection Clause of the Fourteenth Amendment grants constitutional protections to corporations.
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The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property.
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Erastus Wells was a 19th-century politician and businessman from Missouri. Wells was born in Jefferson County, New York, and was the only son of Otis Wells, a descendant of Hugh Welles, an early colonist of Wethersfield, Connecticut. Otis Wells was a farmer and died when Erastus was only fourteen. Erastus was the grandson of Ethelinda Otis and a relation of John Otis, who helped found the town of Hingham, Massachusetts in 1635. Other notable relatives include James Otis, a successful lawyer, Harrison Gray Otis, a statesman and orator, Samuel A. Otis, one of the framers of the constitution of Massachusetts, and George Otis, a clergyman and author.
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