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244.US.12 | Upon the facts stated in the opinion, Held, that the master and owners of the German Steamship "Kronprinzessin Cecilie" were justified in apprehending that she would be seized as a prize, and her German and other passengers detained, if she completed her voyage to Plymouth and Cherbourg on the eve of the present war; t... | W. N. 44, 32 Times L. R. 266, 60 Sol. Jo. 253. What we have said so far we hardly suppose to be denied. But if it be true that the master was not bound to deliver the gold in England at the cost of capture, it must follow that he was entitled to take reasonable precautions to avoid that result, and the question narrows... |
244.US.574 | City ordinances granting street railway franchises in the State of Washington, with the right at any and all times to make reasonable rules and regulations for the management and operation of the railway lines thereby authorized, contained a proviso that such rules and regulations should not conflict with the laws of t... | Appellant (plaintiff below) owns and operates a street railway system in the city of Seattle, Washington, aggregating about 200 miles, as assignee of numerous franchises granted to its predecessors in interest by the cities of Seattle, West Seattle, and Ballard, and by King county. It filed its bill in the district cou... |
246.US.178 | The findings of a special master appointed, with consent of parties, to take the testimony and report it with his findings of fact and conelusions of law for the advisement of the District Court, are not oonelusive but subject to review by that court upon exceptions. Where a master, so appointed, had heard the issues f... | We have here an appeal and a cross-appeal from a final decree made in a suit in equity brought by the Denver Union Water Company against the city and county of Denver and the members of its council and other public officials, for the purpose of restraining the enforcement of an ordinance passed March 3, 1914, fixing th... |
242.US.470 | The White Slave Traffic Act of June 25, 1910, c. 395, 36 Stat. 825, applies to any case in which a woman is transported in interstate commerce for the purpose of prostitution or concubinage; pecuniary gain, either as a motive for the transportation or as aii attendant of its object, is not an element in the offenses de... | These three cases were argued together, and may be disposed of in a single opinion. In each of the cases there was a conviction and sentence for violation of the so-called White Slave Traffic Act of June 25, 1910 (36 Stat. at L. 825, chap. 395, Comp. Stat. 1913, § 8813), the judgments were affirmed by the circuit court... |
243.US.592 | Section 237 of the Judicial Code is in effect but a reenactment of § 25 of the Judiciary Act of September 24, 1789, and § 709 of the Revised Statutes. In an action against an ifitial carrier for damage caused by its negligence and negligence of connecting carriers to goods of the plaintiff shipped in interstate commerc... | A motion is made to dismiss the writ of error upon the ground that no Federal question was properly raised in the state court. The disposition of this motion requires a consideration of § 237 of the Judicial Code [36 Stat. at L. 1156, chap. 231, Comp. Stat. 1913, § 1214], which section is in effect but a re-enactment o... |
246.US.208 | An attempt to establish settlement by stealth and retain it by force against one who is in peaceable possession of public lands bona fide claiming them is not countenanced by the Homestead Law. One who would acquire under the Homestead Law unappropriated public lands which are in the peaceable possession of another, is... | These cases involve the same opints; the second was decided below upon authority of the first. Ridpath v. Denee, 85 Wash. 322, 148 Pac. 15; Morrison v. Gunning, 91 Wash. 693, 157 Pac. 1199. It will suffice briefly to state and indicate our opinion in respect of the federal questions as raised in No. 147. The following ... |
244.US.522 | Greene v. Louisville & Interurban R. R. Co., ante, 499, followed in holding: (1). That the federal court has power to decide all questions, its jurisdiction being properly invoked on federal grounds, (2) that this suit, to restrain subordinate state officers from enforcing an unlawful and discriminatory assessment made... | These cases are an appeal and a cross appeal from a final decree of the district court in a suit that was commenced by the Louisville & Nashville Railroad Company, a Kentucky corporation, against Henry M. Bosworth and others, then constituting the Board of Valuation and Assessment of that state (Bosworth being also aud... |
243.US.157 | In a suit to determine the relative rights of the parties to divert water for irrigation from a stream in Nebraska, the state court decided that superiority of the defendant's appropriation had been conclusively established against the plaintiff, consistently with due process, in proceedings before a state board, and, ... | In form this was a suit to determine the relative rights of the parties to divert the waters of the North Platte river, in western Nebraska, for purposes of irrigation; but the only controversy disclosed was over the extent and priority of the right of the Farmers Mutual Canal Company, the principal defendant. Another ... |
246.US.323 | The jurisdiction to review a state court judgment by writ of error under Jud. Code, § 237, as amended, is confined to oases in which the validity of a treaty or statute of, or authority exercised under, the United States was drawn in question, and the decision was against the validity; and those in which the validity o... | A case in interstate rendition. Upon requisition of the Governor of the state of New Jersey, representing that Ireland, plaintiff in error, was charged in that state with the crime of conspiracy and with having fled therefrom and taken refuge in New York, the Governor of the state of New York issued his warrant requiri... |
244.US.174 | Section 7 of the Act of March 3, 1891, c. 561, 26 Stat. 1095, 1099, lays upon the Secretary of the Interior a plain duty to cause a patent to be issued upon a homestead entry when no contest or protest proceeding has been initiated and no order has been made, in his Department, for the purpose of challenging the validi... | This is a petition for a writ of mandamus against the Secretary of the Interior. In the court of first instance the writ was refused, but the court of appeals directed that it be granted (44 App. D. C. 310), and our jurisdiction arises out of the fact that the construction of a statute of the United States and the duty... |
246.US.121 | Where the state trial and supreme courts have successively found sufficient evidence of negligence to sustain a verdict for plaintiff in an action under the Employers' Liability Act, it is not the province of this court to weigh the conflicting evidence on the subject; it will go no farther than to ascertain that there... | Adaline Donaldson, as administratrix of the estate of Vance H. Thoms, deceased, brought suit in the superior court of Snohomish county, Wash., under the federal Employers' Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. § . 1916, §§ 8657-8665]), to recover damages for injuries received which resulted in t... |
246.US.28 | The Act of June 25, 1910, c. 423, 36 Stat. 851, providing, in part, that when patented inventions are used by the United States without license from the owner, or lawful right., the owner may recover reasonable compensation for such use in the Court of Claims, is not to be construed as automatically conferring a genera... | The history of this suit from its commencement up to the development of the controversy now before us, will be shown by an examination of the decided cases referred to in the margin.1 We shall therefore not recur to that which has gone before but confine our statement to the things essential to an understanding of the ... |
244.US.590 | The business of securing honest work for the unemployed in return for an agreed consideration is a useful and legitimate business which, though subject to regulation under the state police power, cannot be forbidden by an act of a State without violating the guaranty of liberty secured by the Fourteenth Amendment. A la... | Initiative Measure Number 8—popularly known as 'The Employment Agency Law'—having been submitted to the people of Washington at the general election, received a majority vote and was thereafter declared a law, effective December 3, 1914, as provided by the state Constitution. Wash Laws 1915, chap. 1. It follows: 'Be it... |
243.US.291 | When a steam vessel proceeding in a fog hears apparently forward of her beam the fog signal of another vessel whose position is not ascertained, the duty to stop the engines, if the circumstances admit, is imperative, under Article 16 of the International Regulations for preventing collisions at sea, adopted by the Act... | On his own behalf and on behalf of the owners, officers, and crew of the Norwegian steamship Selja, the petitioner, Olaf Lie, her master, instituted this suit in admiralty against the American steamship Beaver, to recover for the loss of the Selja, her equipment and the personal effects of her officers and crew, which ... |
242.US.371 | Issuance of a fee simple patent for an allotment in the White Earth Indian Reservation, Minnesota, under the clause of the Act of March 1, 1907, c. 2285, 34 Stat. 1015, 1034, which declares that such allotments when held by adult mixed-blood Indians shall be free of restrictions on alienation and patentable in fee, imp... | A tract of land in the White Earth Indian Reservation in the state of Minnesota is here in dispute. It was allotted and patented to a mixed-blood Chippewa Indian, and both parties claim under him. The allotment was made under legislation providing that the United States would hold the land in trust for the period of tw... |
245.US.50 | A policy of insurance held by a bankrupt, which has a cash surrender value at the time of the adjudication, becomes an asset, to the extent of such value, in the trustee, under § 70-a of the Bankruptcy Act, even when the policy is payable to a beneficiary other than the bankrupt, his estate or personal representatives,... | On May 13, 1915, Elias W. Samuels filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. On the same day Cohen, petitioner herein, was duly elected his trustee. Samuels at the time of the adjudication held five life insurance policies in various life insurance companies. On September 16, 1915, Cohen m... |
244.US.407 | The court agrees with the District Court in concluding that appellants' allegations of fraud were not sustained. Generally speaking, when fraud is alleged and denied, the party making the charge will be confined to that issue. When a constitutional question, asserted as the basis for the jurisdiction of this court on d... | The appellants, as owners of 1,210 of the 229,850 shares of the capital stock of the Parrot Silver & Copper Company, a corporation organized under the laws of Montana, filed their bill in the United States district court for the district of Montana, seeking to avoid an executed sale of all the property and assets of th... |
242.US.537 | The agreements between British, German and American steamship companies which were assailed as contrary to the Anti-Trust Act of July 2, 1890, having necessarily been dissolved by the European War, and the questions raised by the bills having thereby become moot when the decrees of the court below were entered, the dec... | The United States sued to restrain the carrying out of agreements between British, German, and American steamship companies who were defendants, on the ground that they were in violation of the Anti-trust Act of July 2, 1890 (26 Stat. at L. 209, chap. 647, Comp. Stat. 1913, § 8820). Overruling the contention that that ... |
246.US.312 | Under the common law and the federal registration statute (February 20, 1905, c. 592, 33 Stat. 724) a trademark for one variety of goods includes other varieties of the same species. An adjudication that, as against B, A is entitled, by prior appropriation, to use a trademark on " blended" whiskey, protects A, as again... | The decree of the District Court for the Eastern District of Missouri, directed by the decision of the United States Circuit Court of Appeals for the Eighth Circuit, is pleaded in bar, and whether it is such depends upon the issues that were made or passed upon in those courts. The bill of complaint in the case alleged... |
246.US.330 | If the defendant's conduct, viewed as a whole, warrants a finding 6f negligence, the trial court may properly refuse to charge concerning each constituent item mentioned by the declaration, and leave the general question to the jury. The fact that a brakeman, who was killed by a rear-end collision while in the caboose ... | This is an action under the Federal Employers' Liability Act of April 22, 1908, c. 149, 35 Stat. 65, for causing the death of Cradit, the plaintiff's (the defendant in error's) intestate. The case was brought to this Court before the Act of September 6, 1916, c. 448, 39 Stat. 727, and with the exception of one or two m... |
246.US.69 | Land, part of an odd-numbered section within the primary limits, but covered by a valid preEmption filing at the date of the definite location of the right of way, was excepted from the grant made to the Denver Pacific Railway & Telegraph Company by the Acts of July 1, 1862, c. 120, 12 Stat. 489; and March 3, 1869, c. ... | This is an appeal from a decree of the United States Circuit Court of Appeals for the Eighth Circuit, reversing a decree of the District Court of Colorado, which dismissed a bill of complaint filed by the United States against Emma T. Krueger for the cancellation of a certain patent upon public lands in Colorado. The g... |
242.US.455 | Omission of the statutes of New York concerning proceedings de lunatico inquirendo (Code of Civil Procedure, 1898, §§ 2320, et seq.), to provide expressly that notice of and opportunity to be heard at the inquisition shall be afforded to the alleged incompetent, held, not violative of the due process clause of the Four... | This is an action in which the plaintiff seeks damages for withholding his securities and moneys. The defendant sets up as justification that he received and held the property by virtue of two orders of the supreme court of New York, appointing him committee of the person and estate of the plaintiff as one 'incompetent... |
246.US.525 | In an action under the Employers' Liability Act on behalf of the widow of a deceased employee, an instruction that the measure of damages should be such as would fairly and reasonably compensate her for the loss of pecuniary benefits she might reasonably have received but for her husband's death, held correct, as a gen... | Holloway, a locomotive engineer, was killed on the Louisville & Nashville Railroad while engaged in the performance of his duties. His administrator brought, for the benefit of his widow, an action under the federal Employers' Liability Act in a state court of Kentucky and recovered a verdict of $32,900. The judgment e... |
243.US.426 | Section 2 of the General Laws of Oregon, 1913, c. 102, p. 169, providing that "No person shall he employed in any mill, factory or manufacturing establishment in this State more than ten hours in any one day, except watchmen and employees when engaged in making necessary repairs, or in case of emergency, where life or ... | Indictment charging a violation of a statute of the state of Oregon, § 2 of which provides as follows: 'No person shall be employed in any mill, factory or manufacturing establishment in this state more than ten hours in any one day, except watchmen and employees when engaged in making necessary repairs, or in case of ... |
244.US.266 | With the delivery of a mortgage to secure bonds of one corporation there was delivered to the trustee stamped on each bond a guaranty by another corporation whereby the latter guaranteed "to the Trustee of the within-mentioned mortgage, for the benefit of the holders thereof, punctual payment of the principal of the wi... | This appeal presents the single question whether the district court erred in dismissing the bill for want of jurisdiction, on the ground that the controversy involved was not one between citizens of different states. The question was duly certified in conformity to § 238 of the Judicial Code [36 Stat. at L. 1157, chap.... |
244.US.368 | Where a carrier, by reason of temporary and permanent injunctions against state officials and shippers and travellers as a class, collects rates in excess of those fixed by law, the right of a person, who did not appear, to sue for the excess paid by him during the restraint revives when the final decree is reversed by... | On July 18, 1908, the St. Louis, Iron Mountain, & Southern Railway Company filed in the western division of the circuit (now district) court of the United States for the eastern district of Arkansas a bill against the Railroad Commissioners of that state to enjoin the enforcement of intrastate freight and passenger rat... |
245.US.24 | If, in the making of a survey of public lands, an area is through fraud or mistake meandered as a body of water or lake where no such body of water exists, riparian rights do not accrue to the surrounding lands, and the Land Department, upon discovering the error, has power to deal with the meandered area, to cause it ... | The United States, asserting that designated parcels of land were part of its public domain, sought a decree quieting its title. Sustaining the title thus asserted and rejecting a claim to the contrary on the part of the defendant, the trial court awarded the relief prayed ([D. C.] 214 Fed. 630), and the appellant, who... |
246.US.242 | Mere incorporation and organization under the general laws of Ohio (Gen. Code, 1910, §§ 10128-10134,) with power to construct and operate a hydro-electric power system at places designated in the certificate and to take water rights and riparian property for that purpose, does not imply a contract between the State and... | Akron, Ohio, lies on Little Cuyahoga river a short distance above its confluence with the Big Cuyahoga. In May, 1911, the Legislature of Ohio granted to the city, by special act 'the right to divert and use forever' for the purposes of its water supply 'the Tuscarawas river, the Big Cuyahoga and Little Cuyahoga rivers ... |
245.US.198 | The Baldwin patent, original No. 821,580, reissue No. 13,542, for improvements in acetylene gas generating lamps, held valid and infringed as to claim 4. The patent relates to an acetylene gas generating lamp, with an upper reservoir for water and a lower receptacle for calcium carbide, connected by a tube, with a rod ... | Suit for infringement of a patent embraced in letters patent No. 821,580 and a reissue thereof, No. 13,542. The suit was originally brought by Frederick F. Baldwin, patentee. John Simmons Company, licensee, having the exclusive right to manufacture and sell the patented device, subsequently intervened and became compla... |
244.US.66 | Plaintiff's intestate, a brakeman, was thrown from a train carrying interstate commerce, and killed, as a result of couplers coming open while the train was in motion. Held, that, in view of the Safety Appliance Act, negligence might be inferred from the mere opening of the couplers. A father who by the state law is en... | Basing her cause of action upon the Federal Employers' Liability Act, the defendant in error, as administratrix of the estate of Merlin E. Gotschall, deceased, sued to recover from the railroad company, plaintiff in error, damages resulting from his death, alleged to have been occasioned by the negligence of the compan... |
245.US.352 | As decided by this court in Washington v. Oregon, 211 U. S. 127; 214 U. S. 205; Sand Island, in the Columbia River, is part of the State of Oregon, the boundary between that State and Washington being the ship channel north of the Island. An alleged nuisance consisting of nets connected with buoys and heavily anchored ... | This is a suit brought by the appellee, the Columbia River Packers' Association, as lessee from the United States of fishing sites and riparian rights on Sand Island in the Columbia River, to compel the appellants to remove certain obstructions placed by them upon the bottom of the channel of the river in front of the ... |
246.US.304 | The requirement that a certificate from the Circuit Court of Appeals shall contain a "proper statement of the facts on which the questions and propositions of law arise," (Rule 37) is not complied with by a statement of what is "alleged and denied" by the parties in their pleadings, supplemented by a statement that the... | In this suit in equity, commenced in the United States District Court for the Western District of Texas, the plaintiff in that court claims to be the owner of and entitled to a large consignment of lead bullion held in bond by the collector of customs at El Paso, Texas. An injunction was granted restraining the collect... |
245.US.288 | A street improvement tax having been laid upon abutting property under a city ordinance, partly according to frontage and partly according to area, and the state court having sustained it in toto, this court reversed its judgment upon the sole ground that the assessment based on area had produced results in conflict wi... | These are cross writs of error, bringing under review a judgment rendered by the Supreme Court of Missouri after the reversal by this court of a previous judgment in the same action. The action was brought to collect a tax bill for paving one of the streets of St. Louis, levied upon land fronting upon the street, under... |
244.US.486 | A case arises under the laws of the United States where an appropriate statement of the plaintiff's cause of action, unaided by any anticipation or avoidance of defenses, discloses that it really and substantially involves a controversy respecting the validity, construction or effect of a law of Congress. A substantial... | This is a direct appeal under § 238, Judicial Code [36 Stat. at L. 1157, chap. 231, Comp. Stat. 1916, § 1215], from a decree dismissing a suit in equity for want of jurisdiction, the question for decision now being whether the case presented by the bill is one arising under the laws of the United States. With considera... |
243.US.452 | By force of the Clapp Amendment of 1906-1907, chaps. 3504, 2285, 34 Stat. 353, 1034, lands in the White Earth Reservation allotted and patented in trust to an adult mixed-blood Indian belong to him with all the rights and incidents of full ownership by persons of full capacity, including the right of alienation; and wh... | This case is here upon a certificate from the circuit court of appeals for the eighth circuit, from which it appears that the United States brought a suit in the district court of the United States for the district of Minnesota for the purpose of canceling and annulling a warranty timber deed from Ah-be-daun-ah-quod an... |
243.US.124 | The British merchant steamship Appam., captured on the high seas by a German cruiser and navigated to a port of the United States in control of German officers and crew, during the war between Great Britain and Germany, is held to have been brought here as a prize. Under the principles of international law, as recogniz... | These are appeals from the district court of the United States for the eastern district of Virginia, in two admiralty cases. No. 650 was brought by the British & African Steam Navigation Company, Limited, owner of the British steamship Appam, to recover possession of that vessel. No. 722 was a suit by the master of the... |
246.US.146 | An excise tax of a designated per cent. of entire authorized capital, imposed on a foreign corporation for the privilege of doing local business in Massachusetts, held, void, upon the authority of InternationalP aper Co. v. Massachusetts, ante, 135, and cases there cited. 228 Massachusetts, 117, reversed. | An excise tax of $1,300 imposed on a West Virginia corporation for doing a local business in Massachusetts during the year 1915 is here in question. The state court sustained it. 228 Mass. 117, 117 N. E. 5. The corporation is engaged in manufacturing in Connecticut and sells its manufactured articles extensively in int... |
244.US.300 | The Supreme Court of Ohio, after refusing to review a judgment of the Ohio Court of Appeals by certiorari, dismissed a writ of error to the judgment for want of jurisdiction. Held, that under Jud. Code, § 237, the writ of this court rAn properly to the Court of Appeals. Stratton v. Stratton, 239 U. S. 55. In a controve... | The Cuyahoga River Power Company, plaintiff in error, was chartered under the laws of Ohio to build and maintain a system of dams, canals, and locks in the Big Cuyahoga river for the generation of electricity for light, heat, and other purposes. The corporation was granted authority to acquire by condemnation or purcha... |
246.US.231 | The "Call" rule of the Board of Trade of Chicago, prohibiting members of the Board from purchasing or offering to purchase, during the period between the session of the Board termed the "Cal" and the opening of the regular session of the next business day, grain "to arrive," at a price other than the closing bid at the... | Chicago is the leading grain market in the world. Its Board of Trade is the commercial center through which most of the trading in grain is done. The character of the organization is described in Board of Trade v. Christie Grain & Stock Co., 198 U. S. 236, 25 Sup. Ct. 637, 49 L. Ed. 1031. Its 1600 members include broke... |
243.US.188 | Employment in guarding tools and materials intended for use in the construction of a new railroad station and new tracks which when finished will be used in interstate *commerce, has no such direct relation to interstate transportation as will afford basis for applying the Federal Employers' Liability Act in case of ac... | A proceeding was commenced by defendant in error before the Workmen's Compensation Commission of the State of New York, established by the Workmen's Compensation Law of that state,1 to recover compensation from the New York Central & Hudson River Railroad Company for the death of her husband, Jacob White, who lost his ... |
246.US.58 | An order of a state commission requiring the stoping of certain interstate trains for reception and discharge of passengers at a county seat of only 1500 population, upheld, in view of a statute, not directed adversely at interstate trains, but specifying the train service to be supplied to all county seats and evidenc... | This is a suit by the State to compel the defendant railroad, the plaintiff in error, to stop two interstate trains, one numbered 17 and southbound, the other numbered 18 and northbound, at the City of Meridian, for a time sufficient to receive and let off passengers. Meridian is the County Seat of Bosque County and ha... |
243.US.412 | The District Court is without jurisdiction over an order of the Interstate Commerce Commission, negative in substance and form, in which the Commission declined to exercise its authority under the "Panama Canal Act" of August 24, 1912, c. 390, § 11, 37 Stat. 560, 566, to extend the period fixed in the act for the divor... | This is a bill to prevent the enforcement of an order of the Interstate Commerce Commission. On December 2, 1913, the Commission issued a circular calling attention to the fact that the Act of August 24, 1912 (chap. 390, § 11, 37 Stat. at L. 560, 566, Comp. Stat. 1913, §§ 10,037, 8,567), known as the Panama Canal Act, ... |
242.US.532 | This court is without jurisdiction to review a judgment of a state court under Rev. Stats., § 709, Jud. Code, § 237, upon the ground that a federal right was denied, when the claim of federal right relied on was refused consideration in that court because it was not asserted at a proper time or in a proper manner under... | On December 10th, 1910, John J. Mims, a car inspector in the employ of the plaintiff in error, when attempting to cross a track to inspect a train of cars which had just arrived, was run down and killed by a switching engine at a public crossing in the city of Sumter, South Carolina. In April following this suit was co... |
242.US.426 | A bill seeking to impress a trust upon personal property belonging to a bankrupt's estate, upon the theory that it was procured by means of moneys of which the plaintiff was defrauded by the bankrupt, must trace such moneys by adequate averments into the specific property sought to be affected. Claimants seeking priori... | Number 98. Knight, Yancey, & Company were duly adjudged bankrupts in the district court, northern district of Alabama, April 21, 1910. A few days later, in conjunction with a firm creditor, the receivers brought suit in the United States circuit court, fifth circuit, southern district of Alabama, against Latham & Compa... |
243.US.108 | Under the Choctaw-Chickasaw supplemental agreement of July 1, 1902, §§ 11, 12, 15 and 16, 32 Stat. 641, surplus lands, selected by a member of the Chickasaw Tribe, become alienable only with the expiration of the respective periods after patent fixed in § 16; these restrictions accompany the land when it passes to a tr... | The case in the state court was begun in the district court of Jefferson county, Oklahoma, in 1911, by D. R. Johnston, against C. E. Gannon, for the recovery of certain lands, originally alloted in 1903 to Agnes Wolfe, a full-blood Chickasaw Indian. Afterwards, by amended petition, Wilburn Wolfe was made a party plaint... |
245.US.304 | A State may prohibit and punish the possession of intoxicating liquor for personal use. Idaho Laws, 1915, c. 11, p. 41, sustained. 27 Idaho, 671, affirmed. THE case is stated in the opinion. | An act of the Legislature of Idaho, approved February 18, 1915, 'defining prohibition districts and regulating and prohibiting the manufacture, sale, * * * transportation for sale or gift, and traffic in intoxicating liquors,' etc. (Session Laws of Idaho 1915, c. 11), provides: 'Sec. 2. It shall be unlawful for any per... |
243.US.447 | A suit to restrain a state official and his successors in office from estimating, levying and assessing a tax under a state law claimed to be unconstitutional is a suit against him as an individual and, in the absence of a statute otherwise-providing, abates when his term of office expires and cannot be revived against... | Suit was brought in the circuit court of Leon county, Florida, by the Pullman Company against Knott, comptroller of the state of Florida, to enjoin him and his successors in office from estimating, levying, and assessing a tax on the gross receipts of the Pullman Company, on the ground that the state law authorizing th... |
245.US.337 | Claimant entered into a contract with the United States to erect certain structures "at the United States navy yard, Mare Island." Held, upon the facts, as found by the court below, that the site selected before the execution of the contract was selected provisionally and subject to be changed by the Government for som... | These two cases are appeals from the Court of Claims which were heard and will be decided together, the second being a cross-appeal from the judgment denying recovery on the government's counterclaim. The California Bridge & Construction Company, hereinafter referred to as the Bridge Company, on December 21, 1898, with... |
246.US.214 | Congress, in the acts making appropriations under the general head for the "current and contingent expenses of the Indian Department [or Bureau] and fulfilling treaty stipulations with various Indian tribes," having long made a practice of appropriating each year specifically for the "civilization and self-support" of ... | Appellee by bill in Supreme Court, District of Columbia, sought to prevent officers of the Interior Department from disbursing during fiscal year ending June 30, 1916, $160,000 out of trust funds belonging to Chippewa Indians of Minnesota on deposit in United States Treasury. 'An act making appropriations for the curre... |
244.US.492 | In view of the power reserved to add to, alter, amend or repeal the act granting land to the Atlantic and Pacific Railroad Company (July 27, 1866, c. 278, 14 Stat. 292), and of the grantee's failure to comply with the conditions as to construction, Congress, without violating any vested right and consistently with the ... | This is a suit to enjoin the Secretary of the Interior from insisting upon or giving effect to a demand heretofore made by him on the plaintiff to the effect that the latter make an advance deposit, under the Act of June 25, 1910, chap. 406, 36 Stat. at L. 834, Comp. Stat. 1916, § 4914, of $5,500 to cover the cost of s... |
243.US.476 | A conspiracy to influence a congressional election by bribery of voters is not a conspiracy to defraud the United States within the meaning of § 37 of the Penal Code, formerly § 5440 of the Revised Statutes. Qumre: Whether the power of Congress to regulate elections of Senators and Representatives, Const., Art. I, § 4,... | These four cases were argued together because the indictments in the first three must be justified, it at all, under the same section (§ 37) of the Criminal Code of the United States [35 Stat. al L. 1096, chap. 321, Comp. Stat. 1913, § 10,201], while the fourth involves the application of § 19 of that Code to the same ... |
243.US.622 | No. 7, Original. Argued December 6, 7, 8, 1916.--Order entered. March 6, 1917. | Messrs. John W. Lacey and N. E. Corthell for complainant. Mr. Fred Farrar for the state of Colorado. Mr. Delph E. Carpenter for the Greeley-Poudre Irrigation District. Mr. Julius C. Gunther for the Laramie-Poudre Reservoirs & Irrigation Company. It is ordered that this case be restored to the docket for reargument. 1. ... |
244.US.571 | A case arising under the Federal Employers' Liability Act, as amended April 5, 1910, c. 143, 36 Stat. 291, cannot be removed to the District *Court upon the ground of diversity of citizenship. Plaintiff's injury occurred while he was helping in the task of raising a wrecked car to rescue a fellow employee and, coincide... | Puckett recovered a verdict and judgment in the city court of Atlanta against the Southern Railway Company for damages arising from personal injuries sustained by him in August, 1911, while at work for the company in its yard at Atlanta, Georgia. As submitted to the jury, the action was founded upon the Federal Employe... |
246.US.338 | Under the Act of June 16, 1880, c. 243, 1 Stat. 284, as amended March -3, 1881, c. 134, 21 Stat. 566, conferring jurisdiction on the Court of Claims over certain claims against the District of Columbia, a claimant is not entitled to receive interest as such, save any that may accrue after rendition of the judgment, whe... | This is an appeal by claimant in a suit that was commenced by her testator in the Court of Claims in the year 1880, under Act of June 16, 1880 (chapter 243, 21 Stat. 284). A judgment was rendered in claimant's favor after the amendatory Act of February 13, 1895, c. 87, 28 Stat. 664 (Johnson, Adm'r, v. D. C., 31 Ct. Cl.... |
245.US.60 | A city ordinance which forbids colored persons to occupy houses in blocks where the greater number of houses are occupied by white persons, in practical effect prevents the sale of lots in such blocks to colored persons, and is unconstitutional. A white owner, who has made an otherwise valid and enforceable contract to... | Buchanan, plaintiff in error, brought an action in the chancery branch of Jefferson circuit court of Kentucky for the specific performance of a contract for the sale of certain real estate situated in the city of Louisville at the corner of Thirty-seventh street and Pflanz avenue. The offer in writing to purchase the p... |
246.US.424 | With respect to a railroad within its territory, a state court has jurisdiction to decide whether the owner is under a public duty to maintain the offices and shops at a particular place, even though it were assumed, as a rule of decision, that a foreclosure and confirmed sale in a federal court conferred immunity from... | This is a suit brought by the defendants in error to prevent the Railroad Company, plaintiff in error, from moving its machine shops, roundhouses, and general offices from the City of Palestine and from maintaining any of them elsewhere. An injunction was issued as prayed; the judgment was affirmed by the Court of Civi... |
243.US.166 | A city granted to a water company a franchise to construct and operate water works, using the streets. The ordinance defined the grant as made "for the duration of the said Company " (the grantee), but elsewhere limited the term expressly to twenty-five years from the passage of the ordinance; which also contained a co... | This is a suit to enjoin the city of Owensboro, in the state of Kentucky, from obstructing and preventing the maintenance and operation of an existing waterworks plant in that city. The plaintiff relies upon a franchise from the city which the latter insists has expired. In the district court the franchise was held to ... |
242.US.339 | The distinction made in the law of. California '(Laws 1913, c. 354; as amended by Laws 1915, c. 105), passed for the regulation of the | Appeal from an order denying an interlocutory injunction, three judges sitting The court took jurisdiction of the action citing Raich v. Truax, 219 Fed. 273, 283, but denied the injunction on the ground that the averments of the complaint did not justify it. Complainant is a drugless practitioner, he avers (we state th... |
246.US.257 | The Act of August 13, 1894, c. 280, 28 Stat. 278, and the bonds given under it, must be construed liberally for the protection of those who furnish labor or materials in the prosecution of public work. The act is not limited in application to labor and materials directly incorporated into the public work. The amendment... | This is an action against the surety on a bond given under the Act of August 13, 1894, c. 280, 28 Stat. 278, as amended by the Act of February 24, 1905, c. 778, 33 Stat. 811 (Comp. St. 1916, § 6923). The claim of Brogan, an intervening petitioner, was allowed by the District Court; but the judgment was reversed by the ... |
246.US.63 | If the decision of the state court rests upon a ground of general law adequate to support it, independently of the decision upon alleged violation of federal right, ihe case is not reviewable here. So held, where the plaintiff, as assignee of special tax bills issued by a city in payment for sewer construction, claimed... | The plaintiff in error brought suit in the circuit court of Jackson county, Missouri, to recover on certain tax bills issued to one Michael Walsh, its assignor, for the construction of a sewer in Kansas City, Missouri. The case was tried on an amended petition and answer. The amended petition was filed on May 20, 1909,... |
243.US.29 | A State may by law provide for the protection of employees engaged in hazardous occupations by requiring that dangerous machinery' be safeguarded, and by making the failure to do so an act of negligence upon which a cause of action may be based in case of injury or death resulting therefrom. Consistently with due proce... | Chapter 356 of the Laws of Kansas of 1903 (Gen. Stat. 1909, §§ 4676 to 4683) is entitled and provides in part as follows: An Act Requiring Safeguards for the Protection of All Persons Employed or Laboring in Manufacturing Establishments, and Providing Civil Remedies for All Persons So Engaged, or Their Personal Represe... |
245.US.159 | Modern tendencies to depart from the strict letter in discovering intent do not alter the principle that, within the scope of his undertaking, a party contracting assumes the risks of intervening obstacles. A contractor agreed with the United States to furnish, at specified rates, such labor and material in place as mi... | This is a suit by a contractor to recover for work and material furnished to build a bulkhead and temporary dams in order to protect a canal and locks at the cascades of the Columbia River against an extraordinary flood. The facts of the case are simple. An Act of Congress of July 13, 1892, c. 158, 27 Stat. 109, approp... |
245.US.151 | Alimony paid monthly to a divorced wife under a decree of court is not taxable as "income" under the Income Tax Act of October 3, 1913, 38 Stat. 114, 166. In the interpretation of taxing statutes it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or ... | A decree of the Supreme Court for New York county entered in 1909 forever separated the parties to this proceeding, then and now citizens of the United States, from bed and board; and further ordered that plaintiff in error pay to Katherine C. Gould during her life the sum of $3,000 every month for her support and main... |
242.US.603 | Following the court below, it is held, that a law-of West Virginia, viz., Acts 1881, c. 17, §§ 69, 71; Code 1913, c. 54, §§ 2983, 2995, in declaring that "railroads" shall be public highways "free to all persons for the transportation of their persons and property," embraces a branch line constructed and operated under... | This was a proceeding under the laws of West Virginia (Acts 1913, chap. 9, § 16) to suspend and vacate an order of the Public Service Commission of that state, requiring the Chesapeake & Ohio Railway Company to install and maintain upon a branch line in that state a passenger service consisting of two passenger trains ... |
244.US.261 | The established principles limiting the right of a stockholder to sue on behalf of the corporation when it refuses to do so, restated and held applicable to an action for damages based on alleged injury to the corporation through violations of the Sherman Act. The rule which confines the individual stockholder to the e... | This is an action at law. The complaint alleges that plaintiffs are the holders of more than 200 of the 500,000 shares of the outstanding stock of the defendant United Copper Company, a New Jersey corporation; that the defendants other than that company have by conduct violating the Sherman Law (Act of July 2, 1890, ch... |
245.US.105 | A valid judgment was recovered against Taylor County, Kentucky, upon bonds which it had issued under a refunding act. 1 Acts Ky., 1877-78, p. 554. Under the law existing when the bonds were issued (Ky. Stats., 1894, § 4131), as construed by the highest court of the State, it was the duty of the county court when the of... | Seeking to enforce a long-standing judgment against Taylor county, respondent instituted this proceeding (May, 1916) in the United States District Court at Louisville against County Judge Hendrickson and justices of the peace constituting the fiscal court. The judgment was based on bonds authorized by a special act of ... |
243.US.273 | Objection going to the form of the District Court's decree, if not taken on a first appeal to the Circuit Court of Appeals, may be deemed waived on a second. A decree of the District Court that plaintiff "do have and recover" a stated sum, with provisions establishing a lien and for foreclosure, was affirmed by the Cir... | Pease and Heye were sureties on a supersedeas bond given on appeal to the United States circuit court of appeals in a suit to foreclose a vendor's lien. The district court for the southern district of Texas had entered a decree against the People's Light Company, declaring that Rathbun-Jones Engineering Company 'do hav... |
243.US.15 | An independent sovereignty will not lend the aid of its courts to enforce a foreign contract where such action would be repugnant to good morals, lead to disturbance or disorganization of its municipal laws, or otherwise violate its public policy. The courts of one sovereignty, .however, will not refuse effect to the p... | The question as to which the court below desires to be instructed upon the case as stated in the foregoing certificate is this: 'Where a contract between a citizen of the state of New York and a citizen of the state of Texas is entered into, made, and executed in the state of New York, for the sale of cotton for future... |
242.US.409 | The Acts of July 14, 1862, c. 167, 12 Stat. 569, and February 17, 1865, c. 38, 13 Stat. 431, under which appellant's bridge was built across the Ohio River, were not intended and did not operate to confer an irrepealable franchise to maintain the bridge as authorized and originally constructed, nor did they create a ve... | Appellant is the owner of a bridge across the Ohio river at Louisville, Kentucky, known as the 'Ohio Falls bridge,' which was built under an act of Congress approved February 17, 1865 (chap. 38, 13 Stat. at L. 431), supplementary to an act approved July 14, 1862 (chap. 167, 12 Stat. at L. 569). The 1862 Act, as amended... |
245.US.136 | Meanings and relations of the terms "through route," "through rate," "joint rate," "sum of the locals," "division of joint rate," "rate-breaking point" and "combination rate" explained and defined. Railroad companies, which, though chartered by different States, are all operating interstate railroads and otherwise enga... | This suit was brought in the District Court of the United States for the Western District of Kentucky by three railroad companies1 against the United States and the Interstate Commerce Commission. Plaintiffs seek to enjoin the enforcement of and to set aside an order entered by the Commission on January 21, 1916, direc... |
242.US.595 | The Court of Private Land Claims derived all of its powers from the Act of March 3, 1891, c. 539, 26 Stat. 854. Under that act the Court of Private Land Claims had no jurisdiction in confirming a grant and supervising its survey to extend the confirmation and boundaries over land included in another grant confirmed by ... | This is an action in ejectment to recover the area in conflict between two land grants in New Mexico respectively known as the La Joya and the Belen, the plaintiff being the owner of the former and the defendant of the latter. The defendant prevailed and the judgment was affirmed. 20 N. M. 145, 146 Pac. 959. The facts ... |
244.US.412 | Opinion of the Court. 244 U. S. | Upon the ground that the American Locomotive Company, a corporation created under the laws of New York, was carrying on business in the state of New Hampshire and amenable to the jurisdiction of the courts of that state, the petitioner, the Park Square Automobile Station, a Maine corporation, commenced its suit for bre... |
242.US.503 | Corporations organized under the laws of Minnesota, not for charitable or eleemosynary purposes but for the pecuniary advantage of their shareholders, held, "organized for profit" within the meaning of the Corporation Tax Law of August 5,.1909. The decision whether a corporation is carrying on business within the meani... | These three cases were argued and submitted together and involve practically the same facts. Suits were brought by the corporations named in the United States district court for the district of Minnesota against the collector of internal revenue, to recover certain taxes, paid under protest, assessed under the Corporat... |
243.US.587 | Decided on authority of Pennsylvania R. R. Co. v. Olivit Brothers, ante, 574. 88 N. J. L. 235, affirmed. | Action in seven counts praying for damages caused by delay in the delivery of certain watermelons received for shipment and accepted by an initial carrier at certain places in the state of Georgia, to be transported to Jersey City, New Jersey, and transferred in good condition to defendant's line at Edgemoor, Delaware,... |
243.US.114 | The rule that concurrent findings of fact by two lower courts will not be disturbed unless clearly wrong is here applied in support of findings of fraud and breach of fiduciary duty resulting in a trust. Defendant, as receiver of a national bank, contracted on its behalf, with the approval of the Comptroller of the Cur... | This is an action by John W. Schofield, as receiver of the Merchants' National Bank of Seattle, Washington, insolvent since 1895, against Charles H. Baker, receiver of the bank from 1895 to 1899, and others, seeking a decree declaring the defendants to be holders of certain real property in Seattle in trust for the pla... |
242.US.568 | The Michigan "Blue Sky Law," Act No. 46, Public Acts, 1915, p. 63, is the same in principle as the laws of Ohio and South Dakota, involved in lail v. Geiger-Jones Co., ante, 539, and Caldwell v. Sioux Falls Stock Yards Co., ante, 559, and is sustained over constitutional objections for the same reasons. Whether the dea... | The statute of Michigan is the same as the statutes of South Dakota and Ohio, and our reply to the attacks made upon it might be rested upon our discussion of those statutes. But in the present case, as we have said elsewhere, the arguments, while fundamentally the same, are in some respects more circumstantial. All th... |
245.US.292 | This court determines the constitutionality of a state tax upon its own judgment of the actual operation and effect of the tax, irrespective of its form and of how it is characterized by the state courts. A state tax on the business of selling goods in foreign commerce, measured by a percentage of the entire business t... | The state of Pennsylvania, by an act of May 2, 1899 (P. L., p. 184)1 imposes an annual mercantile license tax of $3 upon each wholesale vender of or dealer in goods, wares, and merchandise, and 'one-half mill additional on each dollar of the whole volume, gross, of business transacted annually,' and like taxes at anoth... |
244.US.49 | An objection to the jurisdiction of the District Court based on the defendant's being a corporation not doing business in the State and upon want of representative capacity In the person served, is not waived by answering to the merits after a motion to quash the service is overruled, where the answer reasserts the jur... | Averring themselves to be citizens of the United States, the one residing in the city of New York and the other in Boston, Massachusetts, the defendants in error in April, 1914, sued in the supreme court of the state of New York to recover from the plaintiff in error the principal and interest of certain bonds issued b... |
243.US.311 | An action governed by the Federal Employers' Liability Act is not removable from the state to the federal court upon-tht ground of diverse citizenship. Where there is substantial evidence of negligence to support the verdict in an action for personal injuries, this court will not disturb the finding of a state court. U... | Moore, the defendant in error, was in the employ of the plaintiff in error as a brakeman, and was desperately injured on June 9, 1910. His claim is that, at the moment of the accident, he was engaged in adjusting a defective automatic coupler on the rear end of the tender of an engine, which was started unexpectedly, c... |
244.US.58 | Concurrent findings of state trial and appellate courts as to the fact. of negligence will not be overturned by this court in the absence of clear error. Baltimore & 6hio R. R. Co. v. Whitacre, 242 U. *S. 169. A carrier's printed form of contract for interstate transportation of livestock, plainly intending to adjust t... | The subject-matter of this suit is the liability, if any, of the plaintiff in error, the Express Company, for the failure to safely deliver a colt which was intrusted to it by the agent of the defendant in error at Milwaukee, Wisconsin, for transportation to Erie, Pennsylvania, and, if there was any liability, the amou... |
244.US.346 | It is the essential character of commerce which determines whether it is interstate or intrastate, and not the accident of through or local bills of lading. Where commodities are in fact destined from one State to another, a rebilling or reshipment en route does not of itself break the continuity of the movement or req... | This was a suit by an Indiana corporation to recover money paid under protest as an occupation or privilege tax in Tennessee. The plaintiff had an oil refinery in Illinois and a steel barrel factory in Indiana, and was selling the products of its refinery and factory upon orders taken by traveling salesmen in its emplo... |
244.US.555 | Greene v. Louisville & Interurban R. R. Co., ante, 499, followed in holding: (1) That these are not in effect suits against the State, (2) that plaintiff has not an adequate remedy at law under § 162, Ky. Stats., and (3) that judicial relief may be granted against unlawful discrimination resulting from general and syst... | These are appeals and cross appeals from two final decrees of the district court enjoining (upon certain conditions) the enforcement of franchise tax assessments for the respective years 1912 and 1913, made against the Illinois Central Railroad Company (plaintiff below in each case) by Henry M. Bosworth and others, con... |
243.US.617 | The Georgia Employers' Liability Act, Georgia Code of 1911, § 2783, eliminates the defenses of assumed risk and contributory negligence when a violation of the Federal Safety Appliance Acts contributes to cause the injury. Under the Federal Safety Appliance Acts carriers in Interstate Commerce are liable in damages to ... | The plaintiff below was a switchman in the employ of the defendants when he suffered the injury for which he recovered the judgment which was affirmed by the supreme court of Georgia, and which is here for review on writ of error. The facts essential to an understanding of the question presented for decision are as fol... |
246.US.104 | The Cherokee Agreement of July 1, 1902, c. 1375,32 Stat. 716, imposed no restriction, other than that of minority, upon the alienation by the heir of his interest in land allotted under § 20 in the name of an ancestor who died before receiving an allotment. The Act of April 26, 1906, c. 1876, 34 Stat. 137, § 22, applie... | This suit was brought by H. B. Talley in the district court of Tulsa county, Oklahoma, for the specific performance of a certain contract entered into by Nora B. Burgess, mother and guardian of the defendant in error, Daniel S. Burgess, a minor, with the law firm of Talley & Harnage. Harnage refusing to join in this ac... |
245.US.315 | Article IV, § 2, subdivision 2, of the Constitution places no limitation upon the power of the States to arrest in advance of extradition proceedings; with Rev. Stats., § 5278, it deals merely with the conditions under which one State may demand rendition from another and under which the alleged fugitive may resist com... | These actions, which were tried together in the Supreme Court of New York and argued together here, arise out of the same facts and involve the same question of law. The plaintiffs, mother and daughter, both residents of Pennsylvania, occupied the same berth in a Pullman car while traveling from their home to New York ... |
244.US.362 | The Fifth Amendment does not relieve a witness from answering merely on his own declaration or judgment that an answer might incriminate him; whether he must answer is determinable by the trial court in the exercise of its sound discretion; and unless there.is reasonable ground, as distinct from a remote or speculative... | Plaintiffs in error were separately called to testify before a grand jury at Nome, Alaska, engaged in investigating a charge of gambling against six other men. Both were duly sworn. After stating that he was sitting at a table in the Arctic Billiard Parlors when these men were there arrested, Mason refused to answer tw... |
245.US.330 | Under the National Banking Act the Comptroller has discretionary power to withdraw an assessment on shareholders before it is paid, or when partly paid. Upon the evidence, held, that certain sums paid by savings banks to the receiver of a national bank in which they held shares were intended to be applied against their... | These two cases are appeals from the Circuit Court of Appeals for the First Circuit, which were heard and will be decided together. The Pynchon National Bank of Springfield, Mass., with a capital stock of $200,000, divided into 2,000 shares of $100 each, became insolvent and in June, 1901, the Comptroller of the Curren... |
244.US.285 | The following patents, viz., No. 538,809, of May 7, 1895, No. 691,332, of January 14, 1902, and No. 721,644, of February 24, 1903, all granted to one Wolhaupter for alleged new and useful improvements in railroad tie plates, are here examined in respect of certain of their claims in comparison with the prior art, and a... | On March 26, 1909, the Railroad Supply Company, petitioner, commenced this suit against the Elyria Iron & Steel Company in the circuit (now district) court for the northern district of Ohio, claiming infringement of claim No. 8 of United States letters patent No. 538,809, granted May 7, 1895, of claims Nos. 1, 2, and 3... |
242.US.526 | The Fifth Amendment relates to national action only. A city ordinance, which has been upheld by the highest court of the State as valid under the state legislation, is to be regarded by this court as a law of the State and is to be tested accordingly. Such an ordinance, when dealing with a subject within the police pow... | In this proceeding the plaintiff in error, a corporation engaged in 'outdoor advertising,' claims that § 707 of article 23 of an ordinance of the city of Chicago, governing the erection and maintenance of billboards in that city, is unconstitutional. '707. Frontabe consents required.—It shall be unlawful for any person... |
244.US.310 | That provision of the "Blow-Post" law of Georgia (Civil Code, 1910, §§ 2675-2677), which requires railroad companies to check the speed of trains before public road crossings so that trains may be stopped in time should any person or thing be crossing the track there, is a direct and unconstitutional interference with ... | This writ of error is directed to a judgment entered upon a verdict for the sum of $1,000 in the city court of Elberton, Georgia, for the death of a son of defendant in error, alleged to have been caused by the railway company. The judgment was affirmed by the court of appeals of Georgia. The facts as charged are: That... |
245.US.308 | An allotment certificate issued under the Choctaw-Chickasaw agreement of July 1, 1902, c. 1362, 32 Stat. 641, passes the equitable title only; the legal title remains in the United States until conveyed by patent, duly recorded, as provided by § 5 of the Act of April 26, 1906, c. 1876, 34 Stat. 137, and the allotment i... | This is a petition for a writ of mandamus brought in the Supreme Court of the District of Columbia to compel the Secretary of the Interior to restore the name of Nicholas Alberson, deceased, to the rolls under the Choctaw-Chickasaw Agreement of July 1, 1902 (32 Stat. 641), and to execute and record a patent for land de... |
246.US.135 | The principles laid down in Western Union Telegraph Co. v. Kansas, 216 U. S. 1, and other cases, limiting the power of a State in respect of license fees or excise taxes imposed on foreign (sister state) corporations doing interstate as well as local business, are restated and reaffirmed. A license fee or excise of a g... | This is a suit by a New York corporation to recover the amount of an excise tax assessed against it in Massachusetts for the year 1915 and paid under protest, the right of recovery being predicated on the asserted invalidity of the tax under the commerce clause of the Constitution (article 1, § 8, cl.3) and the due pro... |
243.US.269 | The power of the States to seize tangible and intangible property and apply it to satisfy the obligations of absent owners is not obstructed by the Federal Constitution. The power is the same whether the obligation soughf to be enforced be admitted or contested, liquidated or unliquidated, inchoate or mature. The only ... | Mrs. Pennington obtained in a state court of Ohio a decree of divorce which is admitted to be valid. In the same proceeding she sought alimony; and in order to insure its payment joined as a defendant the Fourth National Bank of Cincinnati, in which her husband had a deposit account. When the suit was filed the court e... |
243.US.251 | In a proceeding to condemn land for a private railway, based on Washington Constitution, Art. I, § 16, and Laws 1913, c. 133, p. 412; Rem. & Ball. Ann. Code, §§ 5857-1, et seq., and governed as to procedure by Rem. & Ball. Ann. Code, §§ 921-931, the Superior Court of Washington, after a hearing on the question of neces... | The Coats-Fordney Logging Company, defendant in error, instituted a proceeding by petition in the superior court of the state of Washington for Chehalis county against Grays Harbor Logging Company and W. E. Boeing, wherein it sought to condemn and take certain of their lands situate in that county for the purpose of co... |
242.US.353 | When a state court applies the Federal Employers' Liability Act to an action governed by the state law, the error is not ground for reversing the judgment upon the complaint of a party who did not oppose but invoked and relied upon the application of the federal statute. In such circumstances, however, this court will ... | This is an action for personal injuries suffered by the plaintiff, the defendant in error, at Marshalltown, Iowa, on October 21, 1912. The decisions below will be found in 126 Minn. 260, 148 N. W. 106, and 131 Minn. 181, 154 N. W. 964. The declaration alleged that at the time the plaintiff was employed by the defendant... |
244.US.320 | A request to charge must be calculated to give the jury an accurate understanding of the law with reference to the phase of the case to which it is applicable. Plaintiff, employed to work upon the tracks: of a railroad company, while walking east on the east-bound track to a place of work appointed by his superior, ste... | Byron B. Marietta brought this suit against the Erie Railroad Company, to recover damages for injuries alleged to have been caused to him by the negligence of the company. He died pending this proceeding in error and the case was revived in the name of his administratrix. Marietta was what is known as a section man in ... |
243.US.440 | A local agent of a life insurance company, whose duty was to verify claims of death and certify and deliver the proofs and certificates to the company's local superintendent, so certified and delivered a false claim, proofs and certificates, for the purpose of defrauding the company, knowing and expecting that in the d... | Indictment charging a scheme to defraud by use of the mails, in violation of § 215 of the Criminal Code. [35 Stat. at L. 1130, chap. 321, Comp. Stat. 1913, § 10,385.] The indictment is in the usual volume of such instruments, but may be sufficiently summarized as presenting the following facts: Kenofskey was the agent ... |
243.US.59 | When it appears by the state -court's opinion that both parties relied upon the construction and effect to be given a decree of a federal court, and that the court applied it against one of them, rejecting the construction relied on by the other, a federal question is presented which this court may determine on writ of... | Suit to declare certain deeds to lands in Michigan to be void, and that plaintiff in error (as he was plaintiff in the court below, we shall so refer to him) be declared to be the owner of the lands and of the minerals therein, that defendants have no title thereto, for an accounting of certain royalties collected by c... |
246.US.638 | The provision of § 16 of the Act to Regulate Commerce that "a ll cornplaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after," is not a mere statute of limitation but is jurisdictional. The "cause of action accrues" to a shipper, w... | The facts of this case are not disputed and are as follows: By mistake in printing its tariff, the published rate of the Louisville & Nashville Railroad Company on coal from mines in Kentucky to Speeds, Ind., was increased on July 29, 1906, to $1.10 per ton from $1, which had been the rate before. The mistake was not n... |
246.US.343 | A law of Idaho (Rev. Codes, 1908, § 6872), applicable to the public domain, provides that any person having charge of sheep who allows them to graze on any range previously occupied by cattle, is guilty of a misdemeanor, and that priority of possessory right between cattle and sheep owners to any range is to be determi... | For more than forty years the raising of cattle and sheep have been important industries in Idaho. The stock feeds in part by grazing on the public domain of the United States. This is done with the gove nment's acquiescence, without the payment of compensation, and without federal regulation. Buford v. Houtz, 133 U. S... |
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