Us Supreme Court Court May 1913 Judgments
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Susquehanna Coal Co. Vs. South Amboy
Court: US Supreme Court
Decided on: May-26-1913
Susquehanna Coal Co. v. South Amboy - 228 U.S. 665 (1913) U.S. Supreme Court Susquehanna Coal Co. v. South Amboy, 228 U.S. 665 (1913) Susquehanna Coal Company v. City of South Amboy No. 301 Argued May 6, 7, 1913 Decided May 26, 1913 228 U.S. 665 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY Syllabus Where the trade in an article can only be accommodated by storage at some point in transit from the point of shipment in one state to final destination in another, and there is a business purpose and advantage in the delay during which the article secures the protection of the state where it is stored, there is a cessation of interstate commerce and the article is subject to the dominion of, and taxation by, the state. Bacon v. Illinois, 227 U. S. 504 . Coal shipped from Pennsylvania to South Amboy, New Jersey, and intended for further shipment to ports in other states or countries, but not definitely determined, and stored while awaiting ...
Brooks Vs. Central Sainte Jeanne
Court: US Supreme Court
Decided on: May-26-1913
Brooks v. Central Sainte Jeanne - 228 U.S. 688 (1913) U.S. Supreme Court Brooks v. Central Sainte Jeanne, 228 U.S. 688 (1913) Brooks v. Central Sainte Jeanne No. 283 Submitted May 2, 1913 Decided May 26, 1913 228 U.S. 688 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus Whether one is in general service of another or not if he is rendering the latter a service even as a volunteer and comes under his orders, he becomes his servant, and fellow-servant of the other employees. The servant is not only such while actually at work on the service for which he is specially employed, but also during its progress while absent from the location for the purpose of, and in connection with, such work. One going in the master's conveyance on the master's business held, in this case, to be a fellow-servant of the driver of the conveyance. In view of the adoption by Porto Rico, in substantially the same form, of the English Employers' Liability Act which presuppo...
Gorman Vs. Littlefield
Court: US Supreme Court
Decided on: May-26-1913
Gorman v. Littlefield - 229 U.S. 19 (1913) U.S. Supreme Court Gorman v. Littlefield, 229 U.S. 19 (1913) Gorman v. Littlefield No. 243 Argued April 21, 22, 1913 Decided May 26, 1913 229 U.S. 19 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Where the trustee of a bankrupt broker finds in the estate certificates for shares of a particular stock legally subject to the demand of the customer for whom shares of that stock were bought by the bankrupt, the customer is entitled to the same although the certificates may not be the identical ones purchased for him. Richardson v. Shaw, 209 U. S. 365 . Where there are in the bankrupt's possession certificates for enough shares of a particular stock to satisfy the legal demand of a customer for whom shares of that stock were purchased, and no other customer can legally demand any shares of that stock, those certificates will be presumed to be the certificates kept by the bankrupt in accordance with his duty...
Detroit United Railway Vs. Detroit
Court: US Supreme Court
Decided on: May-26-1913
Detroit United Railway v. Detroit - 229 U.S. 39 (1913) U.S. Supreme Court Detroit United Railway v. Detroit, 229 U.S. 39 (1913) Detroit United Railway v. Detroit No. 1047 Submitted May 5, 1913 Decided May 26, 1913 229 U.S. 39 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus Franchises granting rights of the public must be in plain language, certain and definite in terms and containing no ambiguities. They are to be strictly construed against the grantee. Cleveland Electric Ry. Co. v. Cleveland, 204 U. S. 116 . An ordinance requiring a street railway company to comply with certain conditions on all of it lines until the expiration of the franchise of longest duration held not to constitute a contract, extending all the franchises to the date of such expiration, within the protection of the contract clause of the federal Constitution. Where a street railroad company is operating in the streets of a city for a definite period and has enjoyed the full term gr...
Chicago, Rock Island and Pacific Ry. Co. Vs. Dowell
Court: US Supreme Court
Decided on: May-26-1913
Chicago, Rock Island & Pacific Ry. Co. v. Dowell - 229 U.S. 102 (1913) U.S. Supreme Court Chicago, Rock Island & Pacific Ry. Co. v. Dowell, 229 U.S. 102 (1913) Chicago, Rock Island & Pacific Railway Company v. Dowell No. 208 Submitted April 14, 1913 Decided May 26, 1913 229 U.S. 102 ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS Syllabus Quaere whether liability to a third person against the master may result from the servant's neglect of some duty owing to the employer alone. Positive acts of negligence on the part of an engineer while engaged in his employer's business toward a fellow servant are acts of misfeasance for which he is primarily liable notwithstanding his contract with his employer and the liability of the latter under the state statute. If plaintiff allege that the concurrent negligence of both defendants caused his injury, he may join them in one action, and if he do so, the fact that he might have sued them separately furnishes no ground for removal....
First National Bank Vs. Keys
Court: US Supreme Court
Decided on: May-26-1913
First National Bank v. Keys - 229 U.S. 179 (1913) U.S. Supreme Court First National Bank v. Keys, 229 U.S. 179 (1913) First National Bank of Claremore v. Keys No. 263, 264, 302, 303 Argued April 25, 28, 1913 Decided May 26, 1913 229 U.S. 179 ERROR TO THE SUPREME COURT OF OKLAHOMA Syllabus Registration laws are of statutory origin, and, in each case, the applicable statute determines what instruments are to be recorded and where and what the effect is of failure to record. An act of Congress creating a new district in the Indian Territory and establishing a clerk's office therein, and which does not expressly so provide, does not require a chattel mortgagee to rerecord his instrument in the new clerk's office. Where the duty of transferring records of instruments from one clerk's office to another newly established is placed upon the clerk, rights of persons under such instruments are not lost on account of the failure of the clerk to comply with the statute. Even if the d...
Pedersen Vs. Delaware, L. and W. R. Co.
Court: US Supreme Court
Decided on: May-26-1913
Pedersen v. Delaware, L. & W. R. Co. - 229 U.S. 146 (1913) U.S. Supreme Court Pedersen v. Delaware, L. & W. R. Co., 229 U.S. 146 (1913) Pedersen v. Delaware, Lackawanna & Western Railroad Company No. 698 Argued January 14, 1913 Decided May 26, 1913 229 U.S. 146 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Under the Employers' Liability Act. a right of recovery exist only where the injury is suffered while the carrier is engaged in interstate commerce and while the employee is employed in such commerce, but it is not essential that the co-employee causing the injury be also employed in such commerce. One engaged in the work of maintaining tracks, bridge, engines, or cars in proper condition after they have become and during their use as instrumentalities of interstate commerce is engaged in interstate commerce, and this even if those instrumentalities are used in both interstate and intrastate commerce. One carrying materials to be used in repairin...
Morse Vs. United States
Court: US Supreme Court
Decided on: May-26-1913
Morse v. United States - 229 U.S. 208 (1913) U.S. Supreme Court Morse v. United States, 229 U.S. 208 (1913) Morse v. United States No. 274 Argued May 2, 1913 Decided May 26, 1913 229 U.S. 208 APPEAL FROM THE COURT OF CLAIMS Syllabus A naval officer who had been retired under 23 of the Act of 1861 for disability not originating in the line of duty and afterwards transferred to the three-quarter pay list under 1558, Rev.Stat., by authority of a special act of Congress held not entitled to advanced pay to which officers retired on account of wounds or disability Page 229 U. S. 209 incident to the service are entitled under the Act of June 29, 1906. There being nothing in the record to show that any injustice was done by the Retiring Board in retiring an officer of the navy for disability not originating in the line of duty, a special act of Congress subsequently passed for his relief and placing him on a list by which he receives increased pay will not be construed as on...
Chicago Dock and Canal Co. Vs. Fraley
Court: US Supreme Court
Decided on: May-26-1913
Chicago Dock & Canal Co. v. Fraley - 228 U.S. 680 (1913) U.S. Supreme Court Chicago Dock & Canal Co. v. Fraley, 228 U.S. 680 (1913) Chicago Dock & Canal Co. v. Fraley No.286 Argued May 2, 1913 Decided May 26, 1913 228 U.S. 680 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus Police legislation cannot be judged by abstract or theoretical comparisons, but it must be presumed to have been induced by actual experience. Even if disputable or crude, it may not violate the Fourteenth Amendment. One who is not discriminated against cannot attack a police statute of the state because it does not go farther, and if what it enjoins of Page 228 U. S. 681 one it enjoins of all others in the same class, that person cannot complain on account of matters of which neither he nor any of his class are enjoined. The Constitution of the United States does not require that all state laws shall be perfect, nor that the entire field of proper legislation shall be covered by a singl...
Ex Parte Spencer
Court: US Supreme Court
Decided on: May-26-1913
Ex parte Spencer - 228 U.S. 652 (1913) U.S. Supreme Court Ex parte Spencer, 228 U.S. 652 (1913) Ex parte Spencer Nos. 16, 17, 18, Original Argued April 28, 1913 Decided May 26, 1913 228 U.S. 652 MOTIONS FOR LEAVE TO FILE APPLICATIONS FOR WRITS OF HABEAS CORPUS Syllabus It is only in exceptional cases that this Court will interfere by habeas corpus with the course, or final administration, of the criminal justice of the states by their respective courts, Urquhart v. Brown, 205 U. S. 179 , and this rule applies as well after, as before, sentence. Justice is satisfied by the opportunity given to defendants accused of and tried for crime in the state courts to set up their federal rights in those courts, and the course of criminal justice will not be deranged and possibly defeated by permitting the defenses based on such rights to be raised for the first time by habeas corpus in the federal courts after sentence in the state court. The writ of habeas corpus is not to be us...
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