Us Supreme Court Court May 1928 Judgments
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Mellon Vs. Goodyear
Court: US Supreme Court
Decided on: May-28-1928
Mellon v. Goodyear - 277 U.S. 335 (1928) U.S. Supreme Court Mellon v. Goodyear, 277 U.S. 335 (1928) Mellon v. Goodyear No. 131 Argued December 8, 1927 Decided May 28, 1928 277 U.S. 335 CERTIORARI TO THE SUPREME COURT OF KANSAS Syllabus 1. Under the Federal Employers' Liability Act, a full settlement and release, executed advisedly and in good faith between a railroad carrier and an injured employee discharges not only the claim of the employee for personal loss and suffering resulting from the injury while he lived, but also the claim of his dependants for pecuniary damages resulting from his ensuing death. P. 277 U. S. 339 . 2. Insofar a it give an action for the benefit of dependants, the statute is essentially identical with Lord Campbell's Act. Under both, the remedy of the dependants is conditioned on the existence in the decedent at the time of his death of a right to recover for the injury. P. 277 U. S. 344 . 121 Kan. 392 reversed. Certiorari, 273 U.S. 684, to ...
Reed Vs. County Commissioners
Court: US Supreme Court
Decided on: May-28-1928
Reed v. County Commissioners - 277 U.S. 376 (1928) U.S. Supreme Court Reed v. County Commissioners, 277 U.S. 376 (1928) Reed v. County Commissioners of Delaware County, Pennsylvania No. 744 Argued and submitted April 25, 26, 30, 1928 Decided May 28, 1928 277 U.S. 376 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Resolutions of the U.S. Senate created a committee of Senators to investigate the means used to influence the nomination of candidates for the Senate, and empowered it to require attendance of witnesses and production of books and papers, to take and preserve all ballot boxes, etc., used in a certain senatorial election, "and to do such other acts as may be necessary in the matter of said investigation." The committee and their agent brought suit in a federal court against county officers to obtain possession of the ballot boxes, etc. Held: 1. That the general authority conveyed by the clause above quoted is to be confined to acts of t...
Ribnik Vs. Mcbride
Court: US Supreme Court
Decided on: May-28-1928
Ribnik v. McBride - 277 U.S. 350 (1928) U.S. Supreme Court Ribnik v. McBride, 277 U.S. 350 (1928) Ribnik v. McBride No. 569 Argued April 26, 27, 1928 Decided May 28, 1928 277 U.S. 350 ERROR TO THE COURT OF ERRORS AND APPEALS OF NEW JERSEY 1. The business of an employment agent is not one "affected with a public interest," and, under the due process clause of the Fourteenth Amendment, a state cannot fix the fees which such an agent may charge for his services. P. 277 U. S. 355 . 2. The power to require a license for, and to regulate the conduct of, a business is distinct from the power to fix prices. P. 277 U. S. 358 . 3. The fact that a business lends itself peculiarly to the practice of fraud, extortion, and discrimination may be ground for regulation, but not for price-fixing. P. 277 U. S. 368 . Page 277 U. S. 351 4. In determining the constitutionality of a state price-fixing statute, the mere fact that like statutes exist in other states held not of persuasiv...
Midland National Bank Vs. Dakota Life Ins. Co.
Court: US Supreme Court
Decided on: May-28-1928
Midland National Bank v. Dakota Life Ins. Co. - 277 U.S. 346 (1928) U.S. Supreme Court Midland National Bank v. Dakota Life Ins. Co., 277 U.S. 346 (1928) Midland National Bank v. Dakota Life Ins. Co. No. 425 Argued April 12, 13, 1928 Decided May 28, 1928 277 U.S. 346 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A judgment of the district court cannot be reversed by the circuit court of appeals upon a proposition outside of the issues raised by the pleadings and which no fact admitted, nor evidence received, offered or excluded, tends to sustain. So held when a judgment on an assigned life insurance policy, though in all other respects sustained, was reversed upon the ground that the policy was in part a wagering contract -- a matter not litigated in the district court. P. 277 U. S. 349 . 2. A valid life insurance policy is not rendered void by assignment to one not having an insurable interest. P. 277 U. S. 350 . 18 F.2d 903 reversed...
National Leather Co. Vs. Massachusetts
Court: US Supreme Court
Decided on: May-28-1928
National Leather Co. v. Massachusetts - 277 U.S. 413 (1928) U.S. Supreme Court National Leather Co. v. Massachusetts, 277 U.S. 413 (1928) National Leather Company v. Massachusetts No. 205 Argued February 23, 1928 Decided May 28, 1928 277 U.S. 413 ERROR TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus A law of Massachusetts (G.L., 1921, c. 63) imposes an excise on foreign corporations for the privilege of carrying on or doing business in the state at a fixed rate per thousand dollars upon such proportion of the fair cash value of all the shares constituting the capital stock of the corporation taxed, as the value of the assets, real and personal, employed in business within the state bears to the value of its total assets. Petitioner, a Maine corporation, had its offices and transacted its business wholly in Massachusetts, the business comprising the buying of hides and skins, having them tanned by others, and selling the leather through the tanners. It operated no tan...
Quaker City Cab Co. Vs. Commonwealth
Court: US Supreme Court
Decided on: May-28-1928
Quaker City Cab Co. v. Commonwealth - 277 U.S. 389 (1928) U.S. Supreme Court Quaker City Cab Co. v. Commonwealth, 277 U.S. 389 (1928) Quaker City Cab Co. v. Commonwealth of Pennsylvania No. 139 Argued April 20, 1928 Decided May 28, 1928 277 U.S. 389 ERROR TO THE SUPREME COURT OF PENNSYLVANIA Syllabus A law of Pennsylvania (Pa. L. 1889, 420, 431; Pa.St., 1920, 20,388) provides that a tax be laid on the gross receipts derived by foreign or domestic corporations from their operation of taxicabs in intrastate transportation of passengers, but does not tax the like receipts of individuals and partnerships in the same kind of business. Held: 1. The equal protection clause of the Fourteenth Amendment extends to foreign corporations within the jurisdiction of the state, and Page 277 U. S. 390 safeguards to them protection of laws applied equally to all in the same situation. P. 277 U. S. 400 . 2. The equal protection clause does not detract from the right of the state justly ...
Sisseton and Wahpeton Bands of Sioux Indians Vs. United States
Court: US Supreme Court
Decided on: May-28-1928
Sisseton & Wahpeton Bands of Sioux Indians v. United States - 277 U.S. 424 (1928) U.S. Supreme Court Sisseton & Wahpeton Bands of Sioux Indians v. United States, 277 U.S. 424 (1928) Sisseton & Wahpeton Bands of Sioux Indians v. United States No. 596 Argued April 27, 1928 Decided May 28, 1928 277 U.S. 424 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. The Act of March 4, 1927, granting the appellants in this case one year within which to "appeal," was intended to confer the right of appeal, as distinguished from the right to petition for certiorari conferred by the Jurisdictional Act of February 13, 1925. P. 277 U. S. 427 . Page 277 U. S. 425 2. The Act of April 11, 1916, which provides "that all claims of whatsoever nature which the Sisseton and Wahpeton bands of Sioux Indians may have or claim to have against the United States shall be submitted to the Court of Claims. . . . for the amount due or claimed to be due said bands from the United States under any treaties or la...
Willing Vs. Chicago Auditorium Association
Court: US Supreme Court
Decided on: May-21-1928
Willing v. Chicago Auditorium Association - 277 U.S. 274 (1928) U.S. Supreme Court Willing v. Chicago Auditorium Association, 277 U.S. 274 (1928) Willing v. Chicago Auditorium Association No. 561 Argued April 19, 20, 1928 Decided May 21, 1928 277 U.S. 274 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus A corporation which had constructed and maintained a very expensive commercial building on ground leased to it for long-terms, finding Page 277 U. S. 275 the income inadequate to pay profit on the investment, and desiring to substitute on the same ground a larger building of modern type, but feeling that, under the terms of the leases, it could not remove the existing structure without the lessors' consent, brought suit against them and the trustees for its bondholders for the purpose of establishing its right to do so, praying also that the defendants be restrained from taking any steps to prevent such removal. Held that the suit could not be ...
Southern Pacific Co. Vs. Haglund
Court: US Supreme Court
Decided on: May-21-1928
Southern Pacific Co. v. Haglund - 277 U.S. 304 (1928) U.S. Supreme Court Southern Pacific Co. v. Haglund, 277 U.S. 304 (1928) Southern Pacific Co. v. Haglund Nos. 472, 473 Submitted April 13, 1928 Decided May 21, 1928 277 U.S. 304 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus While a steamship, without power or lookout, was being held "dead" across a channel by a tug, leaving, however, ample space for navigation past her stern, a ferryboat, approaching the opening with its view of the channel beyond obstructed by the steamer, blew a single blast of her whistle, indicating her intention to pass in the rear of the steamer, and having received an acceptance by a like blast from the tug, continued at full speed until within the opening, when, perceiving another vessel approaching her, though not dangerously near, she began prematurely her movement to pass her and struck and injured the steamer. Held: 1. The collision was due solely to the negligenc...
Mccoy Vs. Shaw
Court: US Supreme Court
Decided on: May-21-1928
McCoy v. Shaw - 277 U.S. 302 (1928) U.S. Supreme Court McCoy v. Shaw, 277 U.S. 302 (1928) McCoy v. Shaw Nos. 42, 473 Submitted April 13, 1928 Decided May 21, 1928 277 U.S. 302 CERTIORARI TO THE SUPREME COURT OF OKLAHOMA Syllabus A suit to enjoin collection of a tax as violative of treaties between the United States and the Chickasaw Indians and of certain Acts of Congress was dismissed by the state court upon the ground that there was a plain, adequate, and exclusive remedy at law by paying the tax under protest and suing for its recovery. Held that this Court had no jurisdiction to review, as the judgment was put upon an independent, non-federal ground adequate to sustain it. P. 277 U. S. 303 . Certiorari to 124 Okla. 256 dismissed. MR. JUSTICE SANFORD delivered the opinion of the Court. McCoy, the petitioner, a Chickasaw Indian of one-fourth blood, brought this suit in equity in a state court Page 277 U. S. 303 of Oklahoma to enjoin the collection of a gross produ...
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