Court : US Supreme Court
Decided on : May-31-1949
..... the court reversed the judgment and remanded the cause for trial. on remand, petitioner amended his complaint to charge specifically violations of the boiler inspection act. section 2 of that act, as amended, makes it "unlawful for any carrier to use or permit to be used on its line and locomotive unless said locomotive, its boiler ..... negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment." 45 u.s.c. 51. (emphasis added.) the section does not define negligence, leaving that question to be determined, as the missouri supreme court said, "by the common law principles as established and applied in the federal courts ..... is as much "injury," leading in time as certainly to permanent disability, as scalding from a boiler's explosion. we do not think the mere difference in the time required for different acts of negligence to take effect and disclose their harmful, disabling consequences would justify excluding the one type of injury from .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-1949
..... , such as the supply of shells to the army "filled not with the proper explosive materials for use, but with sawdust." cong.globe, 37th cong., 3d sess. 955 (1863). this action of the 1863 congress does not support an ..... the court of appeals rejected this suggested interpretation of the article, and the contention is not urged here. [ footnote 2 ] the discussion of the 1863 act showed that congress rather grudgingly conceded this comparatively slight expansion of the court-martial power, apparently prompted by reports of particularly abhorrent recent frauds by war contractors ..... a power to courts-martial, but only in the very limited category of offenses there defined -- frauds against the government. [ footnote 2 ] since the 1863 act, congress has not passed any measure that page 336 u. s. 216 directly expanded court-martial powers over discharged servicemen, whether they reenlisted or not. obviously, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-12-1949
..... place." the words of the provision, when taken in their ordinary and familiar meaning, reflect a legislative purpose of comprehensive application. by its terms, the section embraces every payment made in order to secure admittance to a specific location. and this purpose of broad application is not less certain because of anything ..... be paid by the person paying for such admission." and 1715 requires that "every person receiving any payments for admission . . . subject to the tax imposed by section 1700 . . . shall collect the amount thereof from the person making such payments." this suit, brought to recover penalties paid by petitioner for noncollection of federal admissions ..... s suggestion that congress intended to exempt from tax admissions to any activity not conducted for gain. section 1701 of the code did allow certain exemptions prior to their termination on october 1, 1941 pursuant to the revenue act of 1941, 541(b), 55 stat. 687, 710. in 1701, congress exempted admissions to .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-07-1949
..... . 29, 35, 66. the attorney general's revised version was h.r. 6463, 402(12). [ footnote 9 ] the shape of the federal tort claims act was largely determined during its consideration in the course of the 77th congress. subsequently, the bill was reintroduced without substantial modification or further hearings until its enactment during the ..... traditional immunity turn upon the fortuitous circumstance of the injured party's citizenship. the page 338 u. s. 221 amended version identified the coverage of the act with the scope of united states sovereignty. the record of the hearings tells us why. we quote the pertinent colloquy between assistant attorney general francis m. ..... of the statute were not enough, however, to sustain our result, we think the legislative history behind this provision concludes all doubt. the federal tort claims act of 1946 was the product of some twenty-eight years of congressional drafting and redrafting, page 338 u. s. 220 amendment and counter-amendment. [ footnote 6 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... the cases are myriad, and it is unnecessary to review them here. [ footnote 22 ] poindexter v. greenhow, 114 u. s. 270 , 114 u. s. 288 (1884); philadelphia co. v. stimson, supra, p. 223 u. s. 605 . although stated in reference to a suit for damages, the rule of the lee line of cases ..... is as follows: "(1) that this court issue its temporary restraining order against the defendant, his agents, assistants, deputies, and employees and all persons acting or assuming to act under their direction, enjoining and restraining them from:" "(a) carrying into effect the purported illegal and unauthorized cancellation of the sale to the plaintiff of ..... [ footnote 5 ] it asked for an injunction against him in that capacity, and against "his agents, assistants, deputies and employees and all persons acting or assuming to act under their direction." the relief sought was, in short, relief against the administration for wrongs allegedly committed by subordinate officials in that administration. the question .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... which he alleged his arrest, trial, conviction, and sentence, and in which he also stated that he "was denied counsel, and, through ignorance of law and fact, was forced to act as his own counsel," and that he "was denied his constitutional rights as set forth in the ten original amendments, article vi." upon the issuance of a rule to show .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... definition which is of substantial aid in helping us to make that determination. the definition is contained in 3(f) of the fair labor standards act. it says: "sec. 3(f). 'agriculture' includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, ..... the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering ..... to make the reference grammatically correct. the committee report states the change in this way: "the production of commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act is included within the definition of agriculture. . . ." h.r.rep. no.2738, 75th cong., 3d sess., p. 29 (1938). .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... obtained evidence may be admitted in new york courts. in baltimore, a "digest of laws" is distributed, and it is made clear that the page 338 u. s. 46 statutory section excluding evidence "is limited in its application to the trial of misdemeanors. . . . it would appear . . . that . . . evidence illegally obtained may still be admissible in the trial ..... to removal or other discipline at the hands of his superiors. these consequences are undisputed. the defendant would add another. we must determine whether evidence of criminality, procured by an act of trespass, is to be rejected as incompetent for the misconduct of the trespasser. . . ." "those judgments [ weeks v. united states and cases which followed it] do ..... 586, 15 n.y.s. 459; shall v. minneapolis, st. p. & s.s. m. r. co., 156 wis.195, 145 n.w. 649; against a magistrate who has acted without jurisdiction in issuing a warrant, e.g., williams v. kozak, 280 f. 373 (c.a.4th cir.); grumon v. raymond, 1 conn. 40; kennedy v. terrill, hardin ( .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... lack 'any rational and statutory foundation,' they should not have been disturbed by the court below for the 'fair and equitable' rule of section 11(e) . . . [was] inserted by the framers of the act in order to protect the various interests at stake. . . . the very breadth of the statutory language precludes a reversal of the commission ..... reading of 11(e) in comparative isolation from the other provisions of the act, for a consideration of that section in the context of the act, as a whole and particularly with page 338 u. s. 123 reference to any effort toward harmonizing the section with 24(a) and bringing the two as close together as possible in ..... assume, the question is not one of law, . . . the scope of review under section 11(e) is limited in the same manner as that applicable to determinations of the interstate commerce commission under section 77 of the bankruptcy act," which is said to embody a similar statutory scheme and under which administrative determinations of valuation are .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... intention to contribute capital or services sometime in the future is page 337 u. s. 739 sufficient to satisfy ordinary concepts of partnership, as required by the tower case. the sections of the internal revenue code involved are 181 and 182, [ footnote 4 ] which set out the method of taxing partnership income, and 11 and 22(a), [ footnote 5 ..... , the actual control of income and the purposes for which it is used, and any other facts throwing light on their true intent -- the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise. [ footnote 11 ] page 337 u. s. 743 there is nothing new or particularly ..... difficult about such a test. triers of fact are constantly called upon to determine the intent with which a person acted. [ footnote 12 ] the tax court, for example, must make such a determination in every estate tax case in which it is contended that a transfer was made .....
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