Us Supreme Court Court March 1920 Judgments
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Thompson Vs. Lucas
Court: US Supreme Court
Decided on: Mar-29-1920
Thompson v. Lucas - 252 U.S. 358 (1920) U.S. Supreme Court Thompson v. Lucas, 252 U.S. 358 (1920) Thompson v. Lucas No. 391 Argued December 9, 1919 Decided March 29, 1920 252 U.S. 358 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Decided on the authority of Strathearn S.S. Co. v. Dillon, ante, 252 U. S. 348 . P. 252 U. S. 363 . 258 F. 446 affirmed. The case is stated in the opinion. Page 252 U. S. 363 MR. JUSTICE DAY delivered the opinion of the Court. This case was argued at the same time as No. 373, just decided, ante, 252 U. S. 348 . In this case, the libelants shipped as part of the crew of the British Steamer Westmeath for a voyage not to exceed one year, before the expiration of which time the vessel arrived in the harbor of New York, where she loaded and discharged cargo. A demand was made for one-half wages under 4 of the Seamen's Act of 1915. The demand was refused, and an action was begun for full wages. A defense was s...
Strathearn Steamship Co., Ltd. Vs. Dillon
Court: US Supreme Court
Decided on: Mar-29-1920
Strathearn Steamship Co., Ltd. v. Dillon - 252 U.S. 348 (1920) U.S. Supreme Court Strathearn Steamship Co., Ltd. v. Dillon, 252 U.S. 348 (1920) Strathearn Steamship Co., Ltd. v. Dillon No. 373 Argued December 9, 1919 Decided March 29, 1920 252 U.S. 348 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Section 4 of the Seamen's Act of March 4, 1916, c. 153, 38 Stat. 1164, amending Rev.Stats. 4530, provides that every seaman on a vessel of the United States shall be entitled to receive on demand from the master one-half of the wages which he shall then have earned at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended; that all stipulations in the contract to the contrary shall be void; that such demand shall not be made before the expiration of or oftener than 5 days; that the master's failure to comply shall release the seaman from his contract and entitle him to full payment of w...
Collins Vs. Miller
Court: US Supreme Court
Decided on: Mar-29-1920
Collins v. Miller - 252 U.S. 364 (1920) U.S. Supreme Court Collins v. Miller, 252 U.S. 364 (1920) Collins v. Miller Nos. 350, 351 Argued December 9, 1919 Decided March 29, 1920 252 U.S. 364 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus A judgment of the district court, in a habeas corpus proceeding wherein the construction of a treaty is drawn in question, is not appealable directly to this Court (Jud.Code, 238) unless it is final. P. 252 U. S. 365 . It is the duty of this Court in every case in which its jurisdiction depends on the finality of the judgment under review to examine and determine that question whether raised by the parties or not. Id. A judgment in habeas corpus dealing with the detention of the relator for foreign extradition on three charges, and denying relief as to one but assuming to order a further hearing by the commissioner as to the others has not the finality and completeness requisite for ...
Manners Vs. Morosco
Court: US Supreme Court
Decided on: Mar-22-1920
Manners v. Morosco - 252 U.S. 317 (1920) U.S. Supreme Court Manners v. Morosco, 252 U.S. 317 (1920) Manners v. Morosco No. 370 Argued March 2, 1920 Decided March 22, 1920 252 U.S. 317 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Plaintiff, a dramatic author, granted defendant the "sole and exclusive license and liberty to produce, perform and represent" his copyrighted play in the United States and Canada, defendant agreeing to produce it "not later than January first, 1913, and to continue . . . for at least seventy-five performances during the season of 1913-1914 and for each theatrical season thereafter for a period of five years;" in default of 75 performances in any one theatrical year, all of defendant's rights were to revert to plaintiff; the play was to be presented in first-class theaters with competent companies and with a designated actress in the title role, a percentage of the gross receipts going to plaintiff as royalties; if it...
The Atlanten
Court: US Supreme Court
Decided on: Mar-22-1920
The Atlanten - 252 U.S. 313 (1920) U.S. Supreme Court The Atlanten, 252 U.S. 313 (1920) The Atlanten * No. 171 Argued March 10, 1920 Decided March 22, 1920 252 U.S. 313 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A charter party provided that, should any dispute arise, it should be settled by referees, to be appointed by the captain and the charterers respectively, whose decision, or that of an umpire, should be final, and that any party attempting to revoke such submission to arbitration without permission of court should be liable to pay the estimated freight as liquidated damages. Held that this could not be construed to apply where there was not merely a dispute in carrying out the contract, but a substantial repudiation of it, by the shipowner's declining to go on with the voyage unless the freight rate were increased. P. 252 U. S. 315 . A clause in a charter party: "Penalty for nonperformance of this agreement to be proved damages,...
Hiawassee River Power Co. Vs. Carolina-tennessee Power Co.
Court: US Supreme Court
Decided on: Mar-22-1920
Hiawassee River Power Co. v. Carolina-Tennessee Power Co. - 252 U.S. 341 (1920) U.S. Supreme Court Hiawassee River Power Co. v. Carolina-Tennessee Power Co., 252 U.S. 341 (1920) Hiawassee River Power Company v. Carolina-Tennessee Power Company No. 208 Argued January 30, 1920 Decided March 22, 1920 252 U.S. 341 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA Syllabus The question whether a special act of a state legislature chartering a power company contravenes the equal protection and privileges and immunities clauses of the Fourteenth Amendment because it grants powers of eminent domain not conferred on a rival company organized under a general law is not necessarily decided by a ruling of a state trial court, in a suit by the former company against the latter to quiet title, admitting the special charter in evidence over defendant's objection that it is void under the state bill of rights and constitution and violates the Fourteenth Amendment, nor is such ques...
Oklahoma Operating Co. Vs. Love
Court: US Supreme Court
Decided on: Mar-22-1920
Oklahoma Operating Co. v. Love - 252 U.S. 331 (1920) U.S. Supreme Court Oklahoma Operating Co. v. Love, 252 U.S. 331 (1920) Oklahoma Operating Company v. Love No. 129 Argued January 23, 24, 1919 Restored to docket for reargument April 21, 1919 Submitted October 9, 1919 Order for oral argument entered October 20, 1919 Reargued December 17, 1919 Decided March 22, 1920 252 U.S. 331 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA Syllabus Under the constitution and laws of Oklahoma, an order of the state Corporation Commission declaring a laundry to be a monopoly and its business public, and limiting its rates, was not reviewable directly, by appeal, mandamus, prohibition or otherwise, in any court of the state, and the only recourse for securing a judicial test of the adequacy of the rates fixed was to disobey the order and to appeal to the state supreme court from further action of the Commission, Page 252 U. S. 332 when taken, i...
Panama R. Co. Vs. Toppin
Court: US Supreme Court
Decided on: Mar-15-1920
Panama R. Co. v. Toppin - 252 U.S. 308 (1920) U.S. Supreme Court Panama R. Co. v. Toppin, 252 U.S. 308 (1920) Panama Railroad Company v. Toppin, 252 U.S. 308 (1920) No. 147 Argued January 16, 1920 Decided March 15, 1920 252 U.S. 308 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus By the laws of Panama, a railroad company is liable for personal injuries resulting from the criminal negligence of its servant in running an engine at a rate prohibited by the Panama Police Code. P. 252 U. S. 310 . The rule of respondeat superior applies in Panama, in such cases, and due care in selecting the servant is not a defense for the railroad company. P. 252 U. S. 311 . Page 252 U. S. 309 In Panama, under Civil Code, Art. 2341, as well as in the Canal Zone, damages for physical pain are allowable in a personal injury case. P. 252 U. S. 313 . Panama R. Co. v. Bosse, 249 U. S. 41 . 250 F. 989 affirmed. The case is stated in the opinion. MR. JUSTICE BRAND...
Cole Vs. Ralph
Court: US Supreme Court
Decided on: Mar-15-1920
Cole v. Ralph - 252 U.S. 286 (1920) U.S. Supreme Court Cole v. Ralph, 252 U.S. 286 (1920) Cole v. Ralph Nos. 172, 173 Argued December 8, 1919 Decided March 15, 1920 252 U.S. 286 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Where judgments of the district court, rendered for the plaintiff on verdicts in certain adverse suits, were reversed by the circuit court of appeal upon a construction and application of the mining laws without disposing of other question presented, and, because of the general interest of the federal questions so decided, writs of certiorari were allowed to review such judgments of reversal, held that this Court, although it might confine itself to the matters considered by the circuit court of appeals, would proceed to a complete decision, since the parties united in presenting all the questions and the litigation had been protracted. P. 252 U. S. 290 . Assertion of defendant's possession in the answer cures omission to...
Kansas City Southern Ry. Co. Vs. Icc
Court: US Supreme Court
Decided on: Mar-08-1920
Kansas City Southern Ry. Co. v. ICC - 252 U.S. 178 (1920) U.S. Supreme Court Kansas City Southern Ry. Co. v. ICC, 252 U.S. 178 (1920) Kansas City Southern Railway Company v. Interstate Commerce Commission No. 413 Argued December 10, 1919 Decided March 8, 1920 252 U.S. 178 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus The Valuation Act of March 1, 1913, requires the Interstate Commerce Commission to ascertain and report, inter alia, the present cost of condemnation and damages or of purchase of the lands, rights of way, and terminals of carriers in excess of their original cost or present value, apart from improvements. Held that a refusal of the Commission to receive and act upon evidence to this end was not justified by the supposed impossibility of performing the statutory duty Page 252 U. S. 179 or the difficulties involved in so doing, and that a railroad company whose interests were affected was entitled to the writ of mandamus. P. 252 U. S...
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