Court : US Supreme Court
Decided on : Jan-18-1960
..... find no justification, consistent with the course of adjudication in this court, for upholding state power here, without so much as even suggesting the need for an inquiry as to the extent of federal interest in the activity in question. [ footnote 2/14 ] iv nothing in the wrongful death cases on which the court relies ..... in the hamilton that resort to such statutes would not result in "any lamentable lack of uniformity" in maritime law. what no lesser authority in admiralty matters than judge addison brown said many years ago in the city of norwalk, 55 f. 98, [ footnote 2/12 ] is highly illuminating. he gave these reasons for permitting ..... wrongful death statute is invoked wholly governs liability. [ footnote 2/2 ] at the same time, the court leaves open the question whether a state wrongful death act might contain "provisions so offensive to traditional principles of maritime law that the admiralty would decline to enforce them," finding that this oregon statute "presents no such problem .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-25-1960
..... improper treatment, thus aggravating page 361 u. s. 355 his injury, and that respondent was responsible for such negligence. at the close of the case, the trial judge sustained the motion of respondent to strike petitioner's evidence and discharged the jury. on petition for writ of error claiming that the issues should have been presented to ..... than a year. even the "junior brakeman" is shown by his undisputed testimony to have worked at that occupation for respondent for "about a year." moreover, no act -- either of commission or omission -- of those brakemen is shown to have in any way caused or contributed to cause petitioner to slip on and fall from the ..... 361 u. s. 357 -358. judgment reversed and cause remanded. mr. justice clark delivered the opinion of the court. this is a negligence case under the federal employers' liability act, 35 stat. 65, 45 u.s. c. 51. petitioner, an employee of respondent, was injured while shifting various railroad cars on its tracks in and about the ford .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1960
..... s. 141 , 284 u. s. 147 ; united states v. storrs, 272 u. s. 652 , 272 u. s. 654 . as established by these precedents, the focal point of inquiry is not the form page 361 u. s. 442 of the defendant's plea, but the effect of the ruling of the district court. [ footnote 2/1 ] "the material question ..... question that the statute validly and clearly confers power upon the secretary of the treasury to issue a properly worded regulation making the acts of the appellees unlawful. this is made apparent by the district judge's statement that "[t]he secretary could very easily have indicated that east and west germany page 361 u. s. 454 ..... 41 cong.rec. 2819. it is manifest that the preoccupying thought of the primary promoter of the legislation, president roosevelt, and of congress, was to bar a single judge from destroying, either by way of construction or invalidation, congressional enactments. extension of the range of the meaning of "statute" to include regulations to which penal consequences attach .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1960
..... . 343. we do not intimate an opinion on the merits of this alternative theory of liability. the authorities we have cited merely indicate the range of inquiry which the petition of the board presented. discovery is useful in determining what the facts are. it is, indeed, necessary to determine whether the decree of ..... proceeded on the assumption that discovery would reveal facts requiring payment of artware's backpay debt by the companies affiliated with it. discovery was denied (one judge dissenting). 251 f.2d 183. the court's ground for denying discovery was, surprisingly enough, that the board should first test the legal sufficiency of a ..... the employer's conduct constituted an unfair labor practice. the separation of that finding from the determination of amounts being an eminently reasonable method for administering the act, it is irrelevant that as yet undetermined matters subsequent to the discriminatory discharge may, in fact, disentitle some or all of the employees to receive payment .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-29-1960
..... beyond his mere declination to sell to a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government ..... prices, this countervailing consideration is not present, and therefore he has put together a combination in violation of the sherman act. thus, whether an unlawful combination or conspiracy is proved is to be judged by what the parties actually did, rather than by the words they used. see eastern states retail lumber dealers' ass ..... to particular fact complexes justifying the inference of an agreement in violation of the sherman act. both cases teach that judicial inquiry is not to stop with a search of the record for evidence of purely contractual arrangements. the sherman act forbids combinations of traders to suppress competition. true, there results the same economic .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1960
..... be issued or granted by any justice of the supreme court, or by any district court of the united states, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute unless the application for the same shall be presented to a justice of the supreme ..... such state in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under state statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a ..... claimed that 792 violated the commerce and equal protection clauses of the federal constitution, as well as the federal agricultural marketing agreement act of 1937 and florida avocado order no. 69 issued thereunder. a three-judge district court convened to hear the case dismissed the action, and a direct appeal was taken to this court. held: 1 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-28-1960
..... alone does not render an affidavit insufficient, the commissioner need not have required the informants or their affidavits to be produced, or that didone have personally made inquiries about the apartment, so long as there was a substantial basis for crediting the hearsay. in the court of appeals, petitioner presented an additional attack upon ..... have been imported illegally into the united states. petitioner was found guilty on both counts, and sentenced to seven years' imprisonment. the court of appeals, one judge dissenting, affirmed the conviction. 104 u.s.app.d.c. 345, 262 f.2d 234. since the case presented important questions in the administration of criminal ..... in an affidavit is insufficient basis for a warrant. if evidence of a more judicially competent or persuasive character than would have justified on officer in acting on his own without a warrant must be presented when a warrant is sought, warrants could seldom legitimatize police conduct, and resort to them would ultimately .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1960
..... the jury in determining whether the petitioner was an "employee" of the railroad during the performance of the work within the meaning of the act. the instructions given in effect limited inquiry to the question whether the petitioner was aware that the railroad considered him not to be working for it, but for some third page ..... load watermelons out there on that track, and he always repaired it every year before watermelon time." however, we agree with the petitioner's alternative contention that the trial judge erred in refusing to instruct the jury as requested by the petitioner, [ footnote 1 ] and in giving the page 362 u. s. 399 instructions he did, [ ..... contention. indeed, we do not think that the proofs presented a jury question whether the turpentine company was the railroad's "agent" within the meaning of the act. this was not a situation, as in sinkler, in which the railroad engaged an independent contractor to perform operational activities required to carry out the franchise. this .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... of the writ is no longer relevant, because the function of the writ -- to provide and to facilitate inquiry into the validity of the applicant's claim -- has already been fully served. [ footnote 8 ] the district judge page 362 u. s. 583 ordered that petitioner's application be heard upon affidavits, depositions, and the record ..... there is also some dispute among these authors with respect to the historical significance of the jenkes case. the nature of the abuses which led to passage of the act is clear, however, and, for present purposes, it is immaterial which particular case aroused the greatest public sentiment. [ footnote 14 ] under our habeas corpus statute ..... state's interest in upholding the validity of this conviction is insubstantial. [ footnote 30 ] for example, under 504 of the labor-management reporting and disclosure act of 1959, persons who have been convicted of specified crimes are ineligible to serve for a five-year period in various positions for labor unions or employer .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... thus unseaworthy and one of the crew received damage as the direct result thereof, he was entitled to recover compensatory damages." [ footnote 2/2 ] chief judge magruder has appropriately noted that no previous decision in this court has considered whether liability for unseaworthiness existing at the start of the voyage extends to subsequently arising ..... and therefore entitled to those rights if any which flow from the maritime law and flows [ sic ] from the act of congress." in a memorandum filed almost a month after the trial, the district judge, apparently relying upon the fact that the shipowner had no direct financial interest in the spawn which had been unloaded ..... the carriage of goods by sea act would, of course, bar recovery. the silvia, 171 u. s. 462 . but where, as here, there is neither a claim that the vessel was initially unseaworthy, nor any showing of negligence, the imposition of liability seems to me borrowing from judge magruder, a "hard doctrine," "startlingly opposed .....
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