Court : US Supreme Court
..... statute, we think it is within the power of the legislature to order its summary abatement. for instance, if the legislature should prohibit the killing of fish by explosive shells, and should order the cartridges so used to be destroyed, it would seem like belittling the dignity of the judiciary to require such destruction to be preceded by ..... the first of the above propositions in plaintiffs' favor, and the others against them, and judgment was thereupon entered in favor of the plaintiffs. the constitutionality of the section in question was, however, sustained by the general term and by the court of appeals, upon the ground of its being a lawful exercise of the police power of ..... known as chapter 591, laws n.y. 1880, as amended by chapter 317, laws n.y. 1883, entitled "an act for the appointment of game and fish protectors." by a subsequent act enacted april 15, 1886, c. 151: "section 1. no person shall at any time kill or take from the waters of henderson bay or lake ontario, within one .....
Tag this Judgment!Court : US Supreme Court
..... as domestic vessels. a similar exemption from fire happening without the "fault or privity" of the owner is contained in the british merchants' shipping act of 1854, section 503. the bill of lading in this case also contains an exemption of liability from loss caused by fire "before loading in the ship or ..... or damage caused by heavy weather or pitching or rolling of the vessel, or from inherent deterioration, risk of lighterage to or from the vessel, transshipment, jettison, explosion, spontaneous combustion, fire before loading in the ship or after unloading, heat, boilers, steam, or steam machinery, including consequences of defects therein or damages thereto, collision ..... s (limited) steamer, nor in any case for more than known or invoiced value of the goods, whichever shall be least. goods of an inflammable, explosive, or otherwise dangerous character, shipped without permission and full disclosure of their nature and contents, may be seized and confiscated or destroyed by the ship owner .....
Tag this Judgment!Court : US Supreme Court
..... or to use such inventions without the consent of the owner. many inventions relate to subjects which can only be properly used by the government, such as explosive shells, rams, and submarine batteries to be attached to armed vessels. if it could use such inventions without compensation, the inventors could get no return at ..... the purpose described." a reissue was granted may 2, 1871. the claims in the reissue were thus stated: "1. a concrete pavement laid in detached blocks or sections, substantially in the manner shown and described." "2. the arrangement of tar paper, or its equivalent, between adjoining blocks of concrete, substantially as and for the purpose ..... "it is sufficient to say that the record discloses nothing showing that he has taken more land than was reasonably necessary for the purposes described in the act of congress, or that he did not honestly and reasonably exercise the discretion with which he was invested, and consequently the government is under a constitutional .....
Tag this Judgment!Court : US Supreme Court
..... , and he thereby became totally and permanently blind, and his body in other respects was maimed, mutilated, and injured. and the plaintiff further averred that the explosion and the blinding and maiming and injury of himself were caused through the carelessness and negligence of the defendants in storing the powder and caps in the house without ..... the danger, and suffer in consequence, the employers are chargeable for their injuries. this was an action to recover damages for injuries sustained by the plaintiff from an explosion in an iron mine at ironwood, in michigan, alleged to have been caused through the carelessness and negligence of the defendants. it was commenced page 156 u. s ..... position in which the powder and caps were placed in the engine house, it does not appear that there was any effort made by the defendants, or other acting for them, to lessen either the heat or the jarring. the court instructed the jury that it was a question for them whether there was negligence in .....
Tag this Judgment!Court : US Supreme Court
..... and rulers, perils of the seas, rivers, navigation and land transit, of whatever nature or kind, restrictions at port of discharge, loss or damage from delays, collision, straining, explosion, heat, fire, steam boilers, and machinery, or defects therein, transshipment, escape, accidents, suffocation, mortality, disease or deterioration in value, negligence, default, or error in judgment ..... the same ground with other bailees. they may excuse delay in the delivery of goods by accident or misfortune, although not inevitable or produced by the act of god. it is sufficient. if they exert due care and diligence to guard against delay, if the goods are finally delivered in safety. the ..... the accident to the boat, though caused by misfortune and without fault of the plaintiff, was no cause for his delay, which nothing could excuse but the act of god or the enemies of the country. this instruction was held to be erroneous, mr. justice sutherland observing: "plaintiff, as a common carrier, was .....
Tag this Judgment!Court : US Supreme Court
..... sufferings, and the damages he has suffered by reason thereof. you must also be satisfied that plaintiff was ignorant of the defects in the boiler that caused its explosion, if the evidence convinces you that such was the case, and that he did not by his negligence contribute to his own injury." we think that these instructions ..... the condition of stay bolts in a boiler engine, and that if any of these tests had been properly applied to this boiler within a reasonable time before the explosion, the true condition of the stay bolts would have been discovered. the circuit court instructed the jury at defendant's request, "that the master is not the ..... tarrant county, and that defendant is a railway corporation, page 166 u. s. 618 duly incorporated." the petition for removal was sufficient, and, as the company was created by act of congress, the circuit court properly entertained jurisdiction. texas & pacific railway v. cody, 166 u. s. 606 . on the trial, there was evidence tending to show that .....
Tag this Judgment!Court : US Supreme Court
..... general iron screw colliery co., above cited, lord bramwell said that the words, "accident or damage from machinery, boilers, steam" could not apply to an explosion caused by the willful act of the engineer. the passages quoted by the respondent from burton v. english, 12 q.b.d. 218, 220, 223, as showing that the words " ..... of the master or crew; by enemies, pirates, or robbers; by arrest and restraint of princes, rulers, or people; riots, strikes, or stoppage of labor; by explosion, bursting of boilers, breakage of shaft, or any latent defect in hull or machinery or appurtenances; by collisions, stranding, or other accidents of navigation, of whatsoever kind ( ..... : cattle were shipped, some of them on deck, under a bill of lading containing these clauses: "ship free in case of mortality and from all damage arising from the act of god, the queen's enemies, fire, accidents from machinery or boilers, steam, or other dangers of the seas, rivers, roadsteads, or steam navigation whatsoever. . . .....
Tag this Judgment!Court : US Supreme Court
..... event due diligence has been used. and the same fallacy is involved in the contention that this construction is supported by the third section of the act. the third section is as follows: "sec. 3. that if the owner of any vessel transporting merchandise or property to or from any port in the united states of america ..... the statute of february 13, 1893, c. 105, 27 stat. 445, commonly described as the "harter act." the proposition rests on the assumed meaning of the second and third sections of that act. the second section is as follows: "sec. 2. that it shall not be lawful for any vessel transporting merchandise or property from or between the ..... rulers, and people, loss or damage from heat or fire on board, in hulk or craft or on shore, explosion, steam, accidents to or latent defects in hull, tackle, boilers, and machinery, or their appurtenances, jettison, barratry, any act, neglect, or default whatsoever of pilots, masters, or crew in the management or navigation of the ship, quarantine, .....
Tag this Judgment!Court : US Supreme Court
..... from any cause or wheresoever occurring; by barratry of the master or crew; by enemies, pirates, robbers, or thieves; by arrest and restraint of princes, rulers, or people; by explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances; by collision, stranding, or other accidents of navigation of whatsoever kind. " page 171 ..... immediately caused by the barratry of the master and crew, as the efficient agents, or, in other words, that the fire was communicated and occasioned by the direct act and agency of the master and crew, intentionally done from a barratrous purpose. in this view of it, we have no hesitation to say that a loss by fire ..... heretofore delivered by this court afford sufficient guides for the decision of this case. in an early case, in which the action was upon a bond given under the embargo act of december 29, 1807, c. 5, 2, 2 stat. 453, to reland goods in some port of the united states, "the dangers of the seas only excepted .....
Tag this Judgment!Court : US Supreme Court
..... cost and expense of such tubing and packing, together with attorneys' fees and costs of suit. this shall be in addition to the penalties provided by section three of this act." "sec. 5. whenever any person or corporation shall abandon or cease to operate any natural gas or oil well, and shall fail to comply with the provisions ..... upon the lands upon which such well is situate, and take possession of such well, and plug and fill the same in the manner provided by section two of this act, and may maintain a civil action in any court of competent jurisdiction of this state against the person, persons, or corporation so failing, jointly and severally ..... decided to be without merit, substantially on the ground that the dangerous nature of the product, its susceptibility to explosion, and the consequent hazard to life and property which might arise from its movement through pipes made the act of transmitting a fit subject for police regulation. in the course of its opinion, the court said: "the .....
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