Union Pacific Railway Co. v. Botsford

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1891 United States Supreme Court case

Union Pacific Railway Company v. Botsford
Supreme Court of the United States
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
Chief Justice Melville Fuller Associate Justices Stephen J. Field · Joseph P. Bradley John M. Harlan · Horace Gray Samuel Blatchford · Lucius Q. C. Lamar II David J. Brewer · Henry B. Brown
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.

Background

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.

Decision

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."

References

Union Pacific Railway Company v. Botsford, 141 U.S. 250, 251 (1891).

External links

Text of Union Pacific Railway Company v. Botsford, 141 U.S. 250 (1891) is available from: Justia Library of Congress

United States tort law

Intentional Torts

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Abuse of process	Hartman v. Moore
intentional infliction of emotional distress	Snyder v. Phelps Hustler Magazine v. Falwell
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Conversion	Haslem v. Lockwood Popov v. Hayashi
Privacy, Publicity rights	Taus v. Loftus Zacchini v. Scripps-Howard Broadcasting Co.
Tortious interference	Redbox Automated Retail LLC v. Universal City Studios LLLP
Defamation	See United States defamation law

Negligence

Duty of care	Brown v. Kendall Trimarco v. Klein Jablonski by Pahls v. United States Kerans v. Porter Paint Co. Palsgraf v. Long Island Railroad Co. Mexicali Rose v. Superior Court
Medical malpractice	Landeros v. Flood Union Pacific Railway Co. v. Botsford Mohr v. Williams Schloendorff v. Society of New York Hospital Tarasoff v. Regents of the University of California Scott v. Bradford
Wrongful death, Loss of consortium	Cahoon v. Cummings Hitaffer v. Argonne Co. Werling v. Sandy
Common employment	Albro v. Agawam Canal Co. Farwell v. Boston & Worcester Railroad Corp. Vance v. Ball State University
Public Authority, Fireman's rule, Negligence per se	Boub v. Township of Wayne Briscoe v. LaHue United States v. GlaxoSmithKline Seong Sil Kim v. New York City Transit Authority United States v. Johnson (1987) Martin v. Herzog Tedla v. Ellman Yount v. City of Sacramento Pearson v. Callahan Saucier v. Katz
Causation	Summers v. Tice Ybarra v. Spangard Ultramares Corp. v. Touche Gross v. FBL Financial Services, Inc.
Negligent infliction of emotional distress	Krouse v. Graham Dillon v. Legg Archibald v. Braverman Thing v. La Chusa Miller v. National Broadcasting Co. Molien v. Kaiser Foundation Hospitals

Nuisance

Public	Spur Industries, Inc. v. Del E. Webb Development Co.
Private	Boomer v. Atlantic Cement Co.

Strict liability

Ultrahazardous activity	Alwin v. State Farm Fire & Casualty Co. Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
Product liability	Thomas v. Winchester Sindell v. Abbott Laboratories Friend v. Childs Dining Hall Co. Loop v. Litchfield Losee v. Clute Merrell Dow Pharmaceuticals Inc. v. Thompson Geier v. American Honda Motor Co. Chysky v. Drake Bros. Co. Devlin v. Smith

Damages

Joint and several liability	Walt Disney World Co. v. Wood
Comparative negligence	Li v. Yellow Cab Co. Knight v. Jewett Hoffman v. Jones American Motorcycle Ass'n v. Superior Court
Punitive damages	BMW of North America, Inc. v. Gore Liebeck v. McDonald's Restaurants Pearson v. Chung Honda Motor Co. v. Oberg State Farm Mutual Automobile Insurance Co. v. Campbell

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