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Us Supreme Court Court May 1920 Judgments

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May 17 1920

Western Union Tel. Co. Vs. Brown

Court: US Supreme Court

Decided on: May-17-1920

Western Union Tel. Co. v. Brown - 253 U.S. 101 (1920) U.S. Supreme Court Western Union Tel. Co. v. Brown, 253 U.S. 101 (1920) Western Union Telegraph Company v. Brown No. 159 Argued January 20, 21, 1920 Decided May 17, 1920 253 U.S. 101 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus One who, in repudiation of a contract which binds him to make a certain payment, sends a telegram to stop a draft previously dispatched to meet the obligation cannot recover the amount from the telegraph company because of its negligent failure to deliver the telegram in time. P. 253 U. S. 113 . P and C agreed to sell and deliver, and H and L to buy, take, and receive certain shares of mining stock, "upon the following terms and conditions:" the price stated was to be paid part down and the remainder in equal payments on stated future dates; upon the making of the first payment, the shares, endorsed in blank, were to be deposited with a bank under an escrow agreemen...


May 17 1920

Erie Railroad Co. Vs. Collins

Court: US Supreme Court

Decided on: May-17-1920

Erie Railroad Co. v. Collins - 253 U.S. 77 (1920) U.S. Supreme Court Erie Railroad Co. v. Collins, 253 U.S. 77 (1920) Erie Railroad Co. v. Collins No. 348 Argued January 8, 1920 Decided May 17, 1920 253 U.S. 77 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Plaintiff's duties on a railroad engaged in interstate and intrastate commerce were to attend to a signal tower and switches and also, in a nearby building, to run a gasoline engine to pump water into a tank for the use of the locomotives, whether operating intrastate or interstate trains. While engaged in the latter employment, he was injured and disfigured by burns resulting from an explosion of gasoline. Held employed at time of injury in interstate commerce within the Federal Employers' Liability Act. P. 253 U. S. 82 . Damages may be allowed by a jury for shame and humiliation resulting from an injury and personal disfigurement due to negligence. P. 253 U. S. 85 25 F. 172 affirmed. ...


May 17 1920

E. W. Bliss Co. Vs. United States

Court: US Supreme Court

Decided on: May-17-1920

E. W. Bliss Co. v. United States - 253 U.S. 187 (1920) U.S. Supreme Court E. W. Bliss Co. v. United States, 253 U.S. 187 (1920) E. W. Bliss Co. v. United States No. 240 Argued March 12, 15, 1920 Decided May 17, 1920 253 U.S. 187 APPEAL FROM THE COURT OF CLAIMS Syllabus Petitioner averred that it granted the government's request for permission to purchase from another certain torpedoes containing a device in which the petitioner claimed patent rights, upon a royalty the amount of which was "to be later settled," and that the government purchased, but it also alleged that negotiations to settle the amount to be paid failed and that petitioner never consented to the use of the patented invention without payment of an amount of royalty which the government refused to pay. Held that no express or implied contract to pay any royalty, cognizable by the Court of Claims under Jud.Code 145, could be derived from the facts stated. P. 253 U. S. 189 . To maintain an infringement su...


May 17 1920

Meccano, Ltd. Vs. John Wanamaker, New York

Court: US Supreme Court

Decided on: May-17-1920

Meccano, Ltd. v. John Wanamaker, New York - 253 U.S. 136 (1920) U.S. Supreme Court Meccano, Ltd. v. John Wanamaker, New York, 253 U.S. 136 (1920) Meccano, Ltd. v. John Wanamaker, New York No. 187 Argued January 26, 27, 1920 Decided May 17, 1920 253 U.S. 136 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A decree of the Circuit Court of Appeal in a suit for infringement of patent and copyright and for unfair competition, is reviewable by this Court on certiorari, as if on appeal. P. 253 U. S. 140 . Jud.Code, 128, 240. Page 253 U. S. 137 An order of the Circuit Court of Appeals reversing an order of the district court awarding a preliminary injunction will not be reversed by this Court unless clearly erroneous. P. 253 U. S. 141 . Upon appeal from an order granting a preliminary injunction, it is proper for the circuit court of appeals to consider a change of circumstances resulting from the reversal of a decree in another circuit upon which...


May 17 1920

Great Northern Ry. Co. Vs. Cahill

Court: US Supreme Court

Decided on: May-17-1920

Great Northern Ry. Co. v. Cahill - 253 U.S. 71 (1920) U.S. Supreme Court Great Northern Ry. Co. v. Cahill, 253 U.S. 71 (1920) Great Northern Ry. Co. v. Cahill No. 124 Argued January 13, 1920 Decided May 17, 1920 253 U.S. 71 ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA Syllabus An order of a state railroad commission requiring a railroad to install and maintain cattle scales, passed to facilitate trading in cattle and not for any reason having substantial relation to their transportation, violates due process of law. P. 253 U. S. 75 . Great Northern Ry. Co. v. Minnesota, 238 U. S. 340 . 40 S.D. 55 reversed. The case is stated in the opinion. MR. CHIEF JUSTICE WHITE delivered the opinion of the Court. In Great Northern Ry. Co. v. Minnesota, 238 U. S. 340 , the question was whether an order of the Railroad and Warehouse Commission of Minnesota directing the railway to install at a named station a cattle-weighing scale was rightly sustained by the supreme...


May 17 1920

Chicago, M. and St.P. Ry. Co. Vs. Mccaull-dinsmore Co.

Court: US Supreme Court

Decided on: May-17-1920

Chicago, M. & St.P. Ry. Co. v. McCaull-Dinsmore Co. - 253 U.S. 97 (1920) U.S. Supreme Court Chicago, M. & St.P. Ry. Co. v. McCaull-Dinsmore Co., 253 U.S. 97 (1920) Chicago, Milwaukee & St. Paul Railway Company v. McCaull-Dinsmore Company No. 628 Argued April 23, 1920 Decided May 17, 1920 253 U.S. 97 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under the Cummins Amendment of March 4, 1915, which provides that the carrier shall be liable for the full actual loss, damage, or injury notwithstanding any limitation of liability, limitation of amount of recovery, or representation or agreement as to value in the receipt, bill of lading, etc., and which declares any such limitation Page 253 U. S. 98 unlawful and void, a shipper, in case of loss, is entitled to damages on the basis of value at the place of destination at the time when the property should have been delivered if that is greater than the value at place and time of shipment, notwithstand...


May 17 1920

Spiller Vs. Atchison, Topeka and Santa Fe Ry. Co.

Court: US Supreme Court

Decided on: May-17-1920

Spiller v. Atchison, Topeka & Santa Fe Ry. Co. - 253 U.S. 117 (1920) U.S. Supreme Court Spiller v. Atchison, Topeka & Santa Fe Ry. Co., 253 U.S. 117 (1920) Spiller v. Atchison, Topeka & Santa Fe Railway Company Nos. 137-145 Argued January 15, 1920 Decided May 17, 1920 253 U.S. 117 ERROR AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In cases of a class which may ultimately reach this Court by writ of error under Jud.Code, 128 and 241, this Court has jurisdiction to review by certiorari judgments of the circuit court of appeals Page 253 U. S. 118 which are not final in the sense of concluding the litigation, such jurisdiction arising under 262 when the jurisdictional amount prescribed by 241 is in controversy and under 240 when it is not. P. 253 U. S. 120 . This jurisdiction will be exercised in proper cases to avoid protraction of the litigation. P. 253 U. S. 121 . The courts cannot refuse to enforce a reparation order upon the gr...


May 17 1920

Newman Vs. Moyers

Court: US Supreme Court

Decided on: May-17-1920

Newman v. Moyers - 253 U.S. 182 (1920) U.S. Supreme Court Newman v. Moyers, 253 U.S. 182 (1920) Newman v. Moyers No. 85 Argued March 11, 1920 Decided May 17, 1920 253 U.S. 182 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Section 4 of the Omnibus Claims Act of March 4, 1915, c. 140, 38 Stat. 962, limiting the amount of fees collectible by attorneys in respect of the claims therein appropriated for, is valid. P. 253 U. S. 185 . Calhoun v. Massie, ante, 253 U. S. 170 . A suit by attorneys against their client and Treasury officials to enforce a contract for fees made unlawful by an act of Congress is an attempt to use the court for an illegal purpose, and should be dismissed by the court, sua sponte if necessary, and it is immaterial whether the Treasury officials or the government have any interest entitling them to appeal. Pp. 253 U. S. 184 -185. Page 253 U. S. 183 In a suit by attorney against their client and Treasury officials to enfor...


May 17 1920

White Vs. ChIn Fong

Court: US Supreme Court

Decided on: May-17-1920

White v. Chin Fong - 253 U.S. 90 (1920) U.S. Supreme Court White v. Chin Fong, 253 U.S. 90 (1920) White v. Chin Fong No. 506 Argued April 22, 1920 Decided May 17, 1920 253 U.S. 90 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus When a Chinaman seeking to reenter this country on the ground that he was formerly engaged here as a merchant presents due evidence of his right as prescribed by the Act of November 3, 1893, c. 14, 28 Stat. 7, the immigration officials have no authority under the Exclusion Laws to ignore such evidence and exclude him upon the ground that his original entry was in violation of them. P. 253 U. S. 91 . The Exclusion Laws provide a judicial hearing to determine the liability to deportation in such cases, and a mere executive order of exclusion is void. P. 253 U. S. 92 . 258 F. 849 affirmed. Page 253 U. S. 91 The case is stated in the opinion. MR. JUSTICE McKENNA delivered the opinion of the Court. Certiorari to review ...


May 17 1920

United States Vs. Alaska Steamship Co.

Court: US Supreme Court

Decided on: May-17-1920

United States v. Alaska Steamship Co. - 253 U.S. 113 (1920) U.S. Supreme Court United States v. Alaska Steamship Co., 253 U.S. 113 (1920) United States v. Alaska Steamship Company No. 541 Argued December 16, 17, 1919 Decided May 17, 1920 253 U.S. 113 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus This Court will determine only matters actually in controversy essential to the decision of the particular case before it. P. 253 U. S. 115 . In a suit in which the Interstate Commerce Commission was temporarily enjoined from requiring interstate and water carriers to use certain forms of bills of lading in domestic and export transportation upon the ground that the Commission lacked power to prescribe them, held that, since the Transportation Act of February 28, 1920, passed pending the interlocutory appeal, contained provisions which would necessitate changes in both forms of bills, the case had become moot, and the Court c...


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