Court : US Supreme Court
..... by the respondents as a safety appliance; its failure to function properly was the proximate cause of the explosion and injuries. in my view, petitioners have shown a page 403 u.s. 937 , 939 violation of the safety appliance acts and therefore the decision below, depriving the petitioners of the jury verdict to which they were entitled, should ..... patrick's widow, and her two children, and eilers, the injured workman, brought this action in the texas state courts seeking recovery for their injuries under the safety appliance act of 1910. act of april 14, 1910, c. 160, 36 stat. 298, 45 u.s.c. 1 et seq. they named as defendants union tank car company, the corporate ..... the tank car in question was a safety appliance within the coverage of the safety appliance acts, that the dome lid had failed to operate properly to release the car's internal pressure, and that such failure was the proximate cause of the explosion and injury. the jury awarded $80,000 each to patrick's widow and two children .....
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..... alternative, based on a committee report that stated: "prosecution for violations of the commission's transportation of explosives regulations has been extremely difficult because of the requirement in section 835 of the act that violators must have knowledge that they violated the commission's regulations. while the committee believes that ..... 2 ]" the house, however, refused to accept the senate's language and resubstituted the word "knowingly," its committee report stating: "the present transportation and explosives act requires that a violation 'knowingly' be committed before penalty may be inflicted for such violation. page 402 u. s. 568 under the present law, there ..... with the regulations. such language may well create an almost absolute liability for violation. . . . since the penalties prescribed for violation of the explosives act are substantial, and since proof required to sustain a charge of violation of such regulations under the bill would require little more than proof that the .....
Tag this Judgment!Court : US Supreme Court
..... defined as "any offense punishable by imprisonment for a term exceeding one year, but does not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a state and punishable by a term of imprisonment of two years or less. . . ." 18 ..... footnote 14 ] for the same, and additional, reasons, 1201, which contains the congressional "findings" applicable to 1202(a), is not decisive support for the government. that section reports that: "the congress hereby finds and declares that the receipt, possession, or transportation of a firearm by felons, veterans who are discharged under dishonorable conditions, mental ..... for legitimate and lawful purposes. it deals solely with those page 404 u. s. 356 who have demonstrated that they cannot be trusted to possess a firearm -- those whose prior acts -- mostly voluntary -- have placed them outside of our society. . . ." " * * * *" ". . . i am convinced that we have enough constitutional power .....
Tag this Judgment!Court : US Supreme Court
..... for resolution of conflicts among group interests; and as a major entrepreneur for the socially required infrastructure -- the sovereign state assumes key importance in channeling the explosive impacts of continuous structural change, in providing a proper framework in which these structural changes, proceeding at revolutionary speed, are contained and prevented from exploding into ..... 21, 1971 decided march 1, 1972 405 u.s. 251 certiorari to the united states court of appeals for the ninth circuit syllabus section 4 of the clayton act does not authorize a state to sue for damages for an injury to it general economy allegedly attributable to a violation of the antitrust laws ..... controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee." this section is notably different from 16 of the clayton act, 15 u.s.c. 26, which provides for injunctive relief: "any person, firm, corporation, or association shall be entitled to .....
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..... "under all of these headings, limitations which previously existed to minimize the number of questions decided in courts have broken down in varying degrees." "i might also mention the explosive development of class actions, which has thrown more and more issues into the courts." " * * * *" "if there is standing in this case, i find it ..... under a revocable special use permit. to provide access to the resort, the state of california proposes to construct a highway 20 miles in length. a section of this road would traverse sequoia national park, as would a proposed high-voltage power line needed to provide electricity for the resort. both the highway and ..... constitute standing in the legal sense sufficient to challenge the exercise of responsibilities on behalf of all the citizens by two cabinet level officials of the government acting under congressional and constitutional authority." id. at 30. alternatively, the court of appeals held that the sierra club had not made an adequate showing of .....
Tag this Judgment!Court : US Supreme Court
..... all people of the united states a rapid, efficient, nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges . . ." "(sec. 1 of the communications act). [ footnote 9 ] after full consideration of the comments filed by the parties, we adhere to the view that program origination on catv is in the ..... certain of its other responsibilities." id. at 392 u. s. 173 . in particular, we found that the commission had reasonably determined that " the unregulated explosive growth of catv,'" especially through "its importation of distant signals into the service areas of local stations" and the resulting division of audiences and revenues, threatened ..... the outer limits of even the open-ended and pervasive jurisdiction that has evolved by decisions of the commission and the courts. the almost explosive development of catv suggests the need of a comprehensive reexamination of the statutory scheme as it relates to this new development, so that the basic .....
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..... the concussion or debris from dynamite blasting, for example, is recognized by an overwhelming majority of state courts. [ footnote 9 ] a private person who detonates an explosion in the process of building a road is liable for injuries to others caused thereby under the law of most states, even though he took all practicable precautions ..... 346 u. s. 45 (1953). we granted certiorari. 404 u.s. 1037. dalehite held that the government was not liable for the extensive damage resulting from the explosion of two cargo vessels in the harbor of texas city, texas, in 1947. the court's opinion rejected various specifications of negligence on the part of government employees that ..... of title 46, relating to claims or suits in admiralty against the united states." "(e) any claim arising out of an act or omission of any employee of the government in administering the provisions of sections 1-31 of title 50, appendix." "(f) any claim for damages caused by the imposition or establishment of a quarantine by .....
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..... s. 412 or rape within the special maritime jurisdiction, 18 u.s.c. 2031; or aircraft or motor vehicle destruction where death occurs, 18 u.s.c. 34; or explosives offenses where death results, 18 u.s.c. 844 (d) and (f); or train wrecking, 18 u.s.c. 1992; or aircraft piracy, 49 u.s.c. ..... of the ultimate penalty. these contentions, which have proved persuasive to several of the justices constituting the majority, deserve separate consideration, and will be considered in the ensuing sections. before turning to those arguments, i first address the argument based on "objective" factors. any attempt to discern contemporary standards of decency through the review of objective ..... or for any page 408 u. s. 456 particular group of people who are able to appreciate the consequences of their acts. . . ." id. at 392 u. s. 531 . as i noted at the outset of this section, legislative judgments as to the efficacy of particular punishments are presumptively rational, and may not be struck down under the eighth .....
Tag this Judgment!Court : US Supreme Court
..... 000 cubic feet per minute, rather than the normal 28,000. reduced airflow can result in a buildup of methane gas, creating conditions for accidental explosions resulting from the operation of normal mining equipment. the workers walked off the job and refused to return unless the foremen were removed. the majority ..... at 1160. we disagree. page 414 u. s. 377 the federal policy favoring arbitration of labor disputes is firmly grounded in congressional command. section 203(d) of the labor management relations act, 29 u.s.c. 173(d), states in part: "final adjustment by a method agreed upon by the parties is declared to be ..... . . . that all disputes and claims which are not settled by agreement shall be settled by the machinery provided in the 'settlement of local and district disputes' section. . . ." it excepts from the arbitration obligation only those disputes "national in character." this arbitration provision appears sufficiently broad to encompass the instant dispute. the contractual .....
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..... united states v. midwest video corp., 406 u. s. 649 , 406 u. s. 676 , page 415 u. s. 422 "[t]he almost explosive development of catv suggests the need of a comprehensive reexamination of the statutory scheme as it relates to this new development, so that the basic policies are considered ..... of the court of appeals' judgment that determined that the importation of "distant" signals from one community into another constitutes a "performance" under the copyright act. in concluding that rechanneling of "distant" signals constitutes copyright infringement while a similar operation with respect to more nearby signals does not, the court relied ..... , in addition, the engagement in such original programing converts the entire catv operation into a "broadcast function," and thus a "performance" under the copyright act. second, these petitioners assert that teleprompter, unlike the catv operators sued in fortnightly, sells advertising time to commercial interests wishing to sell goods or services in .....
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