The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 989
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PANAMA R. CO. V. TOPPIN
"Appearance of defendant," "plea in abatement of Nannie B. Giles,"
and "praecipe for judgment by default." These memoranda do not
indicate service upon or appearance by the defendant James L. Giles.
In the absence of evidence showing jurisdiction over the defendant,
the entire record should, at least, have been introduced, before ap-
pealihng to presumptions to arise from the record.
The plaintiffs in error rely upon section 1522 of the General Stat-
utes of Florida of 1906, to this effect:
"All final judgments and decrees heretofore or hereafter rendered and
entered in the circuit courts of this state, and certified copies thereof, shall be
admissible as prima facie evidence in the several courts of this state of the
entry and vahdity of such Judgments and decrees."
Section 721 of the Revised Statutes (Comp. St. 1916, 1538) pro-
"The laws of the several states, except where the Constitution, treaties or
statutes of the United States otherwise require or provide, shall be re-
garded as rules of decision in trials at common law in the courts of the
United States in cases where they apply."
The Florida statute has specific reference to the judgments enter-
ed in the circuit courts of that state, and can no more be enlarged by
the courts of the United States to include the former Circuit Courts
of the United States than other courts of Florida.
The judgment is affirmed.
PANAMA R. CO. v. TOPII1N.
(Circuit Court of Appeals, Fifth Circuit. April 17, 1918.)
1. MASTER AND SERVANT <=>304---LIABILITY FOR NEGLIGENCE-LAW OF PAN-
Under Law 02, art. 5, Laws Colombia 1887, now the law of Panama, a
railroad company is liable for personal injuries caused by the negligence
of its employs while engaged in the service they were employed to render.
2. DAMAGES =32-PERSONAL INJURIES-PAIN AND SUFFERING.
Under the law in force in Panama and in the Canal Zone, damages for
physical pain and suffering are recom erable in an action for personal in-
In Error to the District Court of the Canal Zone; William H. Jack-
Action at law by Joseph T. Toppin against the Panama Railroad
Company. Judgment for plaintiff, and defendant brings error. Af-
Frank Feuille and Walter F. Van Dame, both of Ancon, C. Z., for
plaintiff in error.
W. C. Todd, of Colon, C. Z., and William C. MacIntyre, of Cris-
tobal, C. Z., for defendant in error.
g For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1004/: accessed August 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.