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Herron v. Southern Pacific Company, 283 U.S. 91 (1931)

Herron v. Southern Pacific Company

No. 131

Submitted March 2, 1931

Decided April 13, 1931

283 U.S. 91


1. The provision of the constitution of Arizona (Art. 18, § 5) that "[t]he defense of contributory negligence . . . shall, in all cases whatsoever, be a question of fact and shall at all times, be left to the jury" is not binding on the federal court sitting in that state. P. 283 U. S. 92.

So held in an ordinary common law action for personal injuries suffered in a railway crossing accident.

2. The function of the trial judge in a federal court is not a local matter, and state statutes or constitutional provisions which would interfere with the appropriate exercise of that function are not binding either under the Conformity Act or the Rules of Decision Act, U.S.C. Title 28, §§ 724, 725. P. 283 U. S. 94.

Answers to questions certified by the court below upon an appeal from a judgment on a directed verdict, in a personal injury case.

Page 283 U. S. 92

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