panama bosse argued decided march frank feuille ancon canal zone jackson ralston william richardson washington plaintiff error theodore hinckley panama canal zone joseph bailey washington defendant error justice holmes delivered opinion action personal injuries consequent suffering alleged caused july railroad company chauffeur negligent driving motor omnibus excessive rate speed crowded thoroughfare canal zone suit brought district canal zone defendant plaintiff error demurred declaration generally also demurred specifically part claimed damages pain demurrer overruled trial evidence defendant requested direct verdict favor failing instruct jury plaintiff recover physical pain instructions refused jury found verdict plaintiff judgment affirmed circuit appeals fed followed panama toppin fed main question case whether liability master servant familiar common law applied accident arising canal zone subordinate one already indicated whether recovery physical pain slight attempt also argue defendant negligence immediate cause injury depended upon view jury might take facts evidence justifying verdict shall confine two questions law act congress april stat temporary powers government canal zone vested persons exercised manner president direct executive order president addressed secretary war march directed power isthmian commission exer cised secretary direction order contained passage laws land inhabitants familiar force february continue force canal zone altered annulled said commission power commission legislate subject approval secretary construed keep force civil code republic panama translated english pub lished isthmian canal commission act congress august stat comp laws orders regulations ordinances adopted promulgated canal zone order president government sanitation canal zone construction panama canal hereby ratified confirmed valid binding congress shall otherwise provide facts argued defendant liability governed civil code alone construed countries civil law prevails construed code sanction application rule respondeat superior present case facts taken account decision reached december acting authority act august comp president declared land within limits canal zone necessary construction panama canal directed chairman isthmian commission take possession provisions extinguishment adverse claims titles admitted plaintiff error canal zone present time peopled employes canal panama railroad steamship lines oil companies permitted business zone license true civil code construed exclude defendant liability present case zone remained within jurisdiction columbia follow liability greater things stand president order continuing law force merely embodiment rule change sovereignty put end existing private law ratification order act august fastened upon zone specific interpretation former civil code statute adopting common law fasten upon territory specific doctrine english courts wear kansas sup ann cas probably general ratification supply power accident might wanting honolulu rapid transit land wilder sup matter personal relations duties kind us supposed interpretation law present familiar language president order contrary exotic imposition rule opposed common understanding men whatever may thought unqualified principle master must answer torts servant committed within scope employment probably rules common law familiar educated uneducated alike early canal zone announced look common law construction columbia statutes kung ching chong wing chong canal zone sup following announcement committed within scope employment empresarios railroads concerned liability master servant maintained zone extent recognized common law fitzpatrick panama railroad canal zone sup principle certainly overthrown act necessary dwell upon drift toward common law doctrine noticeable civil law jurisdictions least consider far go language civil code clearer enough language necessarily inconsistent common law rule article translation shall guilty offense fault caused another damage obliged repair without prejudice principal penalty law imposes article person liable acts purpose indemnity damage also acts may care illustrating cases father tutor husband etc article shall responsible damage caused domestics servants occasion service rendered latter former shall responsible proved appear occasion domestics servants conducted improper manner masters means foresee prevent employment ordinary care competent authority case responsibility damage shall fall upon said domestics servants qualification last article may taken refer acts outside scope employment refer torts empty first part meaning master must taken foresee sooner later servant driving motor likely collision jury may hold due negligence whatever care used employment man satisfied sacrifice substance form reverse decision principle accepted judges accustomed deal locality deference possibility different interpretation might reached civil code continued regulate native population construed native courts may distinguished negligent act done performance master business malicious one servant went outside scope employed means sure decided decide events opinion ruling correct rely conclusion upon columbia act specially concerning empresarios railroads discuss suggestion made said show act inapplicable effect charter railroad company grant power operate omnibus line company acting authority direction general goethals understand defence ultra vires set prevail view conclusion upon main point little need said regard allowing pain considered fixing damages said certainty zone wrong holding civil code damages allowed physical pain fitzpatrick panama railroad canal zone sup mckenzie construction canal zone sup physical pain substantial appreciable part wrong done allowed customary compensation people zone awarded native courts properly allowed judgment affirmed