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The Harrisburg

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  • US Supreme Court
  • Nov 15, 1886

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53 entries 53 unlinked
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  1. It was held by this Court, on full consideration, in Insurance Co. v. Brame
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  2. Dennick v. Railroad
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  3. by the House of Lords in 1884. Many of the cases bearing on this question are cited in the opinion in Insurance Co. v. Brame
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  4. Others will be found referred to in an elaborate note to Carey v. Berkshire
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  5. The only American cases in the common law courts against the rule to which our attention has been called are Cross v. Guthery
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  6. Ford Page 119 U. S. 205 v. Monroe
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  7. James v. Christy
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  8. Mo. 162, and Sullivan v. Union
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  9. Pacific Railroad, 3 Dillon 334. Cross v. Guthery
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  10. a Connecticut case, was decided in 1794, and cannot be reconciled with Goodsell v. Hartford
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  11. Ford v. Monroe
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  12. a New York case, was substantially overruled by the Court of Appeals of that state in Green v. Hudson
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  13. River Railroad, 41 N.Y. 294, and Sullivan v. Union
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  14. by the Circuit Court of the United States for the District of Nebraska, is directly in conflict with Insurance Co. v. Brame
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  15. administered in the courts of the United States, a contrary rule has been or ought to be established. In Plummer v. Webb
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  16. maritime in its nature. We find no other reported case in which this subject was at all discussed until Cutting v. Seabury
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  17. if, in a proper case, a recovery could be had. The same eminent judge had, however, held as early as 1849, in Crapo v. Allen
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  18. In his opinion, he refers to the leading English case of Baker v. Bolton
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  19. Camp. 493, where the common law rule was recognized and followed by Lord Ellenborough in 1808, and to Carey v. Berkshire
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  20. For this he cites as authority Ford v. Monroe
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  21. supra, decided in 1838, but which, as we have seen, had been overruled by Green v. Hudson
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  22. River Railroad in 1866, only a short time before the opinion of the Chief Justice was delivered, and James v. Christy
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  23. Circuit Court for the Eastern District of Pennsylvania in 1877, and before the judgment of this Court in Insurance Co. v. Brame
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  24. Justice Chase in The Sea Gull was approved, and the same authorities were cited, with the addition of Sullivan v. Union
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  25. of a plea to the jurisdiction, the judge, after quoting a remark of Mr. Justice Clifford in Steamboat Co. v. Chase
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  26. Our decision in Insurance Co. v. Brame
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  27. been generally distributed when his opinion was filed. It thus appears that prior to the decision in Insurance Co. v. Brame
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  28. in this Court, he yielded to the authority of the circuit court decision in his own district. The case of Holmes v. Oregon
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  29. a case, and the death occurred within the jurisdiction of the state. Judge Sawyer had previously decide, in Armstrong v. Beadle
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  30. Cutting v. Seabury
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  31. In Monaghan v. Horn
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  32. Cadell v. Black
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  33. Weems v. Mathieson
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  34. Rolland v. Gosse
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  35. It is said also that such was the civil law, but this is denied by the Supreme Court of Louisiana in Hubgh v. New
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  36. the subject in an elaborate opinion after full argument. A reargument of the same question was allowed in Hermann v. New
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  37. Insurance Co. v. Brame
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  38. Dennick v. Railroad
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  39. Carey v. Berkshire
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  40. Cross v. Guthery
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  41. and Sullivan v. Union
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  42. Goodsell v. Hartford
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  43. Green v. Hudson
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  44. In Plummer v. Webb
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  45. Crapo v. Allen
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  46. of Baker v. Bolton
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  47. and James v. Christy
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  48. of Sullivan v. Union
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  49. Steamboat Co. v. Chase
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  50. of Holmes v. Oregon
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