Us Supreme Court Court November 1929 Judgments
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General Ins. Co. Vs. Northern Pacific Ry. Co.
Court: US Supreme Court
Decided on: Nov-25-1929
General Ins. Co. v. Northern Pacific Ry. Co. - 280 U.S. 72 (1929) U.S. Supreme Court General Ins. Co. v. Northern Pacific Ry. Co., 280 U.S. 72 (1929) General Insurance Company of North America v. Northern Pacific Railway Company No. 23 Argued October 25, 1929 Decided November 25, 1929 280 U.S. 72 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Proof that a building close to a railway track took fire soon after the passing of a train does not suffice to show that the fire was caused by sparks from the engine and to raise a presumption of negligence against the railway company in an action for damages caused by the fire. So held in accordance both with rulings of the Supreme Court of the Washington, where the fire occurred and the action was brought, and with rulings of the federal courts. P. 280 U. S. 76 . 28 F.2d 574 affirmed. Certiorari, 279 U.S. 827, to review a judgment of the circuit court of appeals which affirmed a judgment of the dist...
Chesapeake and Ohio Ry. Co. Vs. Mihas
Court: US Supreme Court
Decided on: Nov-25-1929
Chesapeake & Ohio Ry. Co. v. Mihas - 280 U.S. 102 (1929) U.S. Supreme Court Chesapeake & Ohio Ry. Co. v. Mihas, 280 U.S. 102 (1929) Chesapeake & Ohio Ry. Co. v. Mihas No. 21 Argued October 24, 1929 Decided November 25, 1929 280 U.S. 102 CERTIORARI TO THE APPELLATE COURT FOR THE FIRST DISTRICT OF I LLINOIS AND THE SUPREME COURT OF ILLINOIS Syllabus 1. A judgment of the Appellate Court of Illinois, which, under Cahill's Rev.Stats. Ill., 1927, c. 110, 121, is final unless the judges of that court grant a certificate of importance and an appeal to the supreme court of the state, or the latter court grants an application for review, is affirmed when the supreme court refuses such an application, and is then final for purposes of review in this Court, although no application for certificate of importance and appeal to that court has been made to the appellate court. P. 280 U. S. 103 . Page 280 U. S. 103 2. It is not sufficient for a complainant to how that he has been injur...
Silver Vs. Silver
Court: US Supreme Court
Decided on: Nov-25-1929
Silver v. Silver - 280 U.S. 117 (1929) U.S. Supreme Court Silver v. Silver, 280 U.S. 117 (1929) Silver v. Silver No. 24 Argued October 25, 1929 Decided November 25, 1929 280 U.S. 117 APPEAL FROM THE SUPREME COURT OF ERROR OF CONNECTICUT Syllabus 1. Where the record does not disclose the federal grounds on which a state statute was challenged in the state court, review will be Page 280 U. S. 118 limited to those which were considered in the state court's opinion. P. 280 U. S. 122 . 2. The Constitution doe not forbid the abolition of old rights recognized by the common law to attain a permissible legislative object. P. 280 U. S. 122 . 3. A state statute providing that no person carried gratuitously as a guest in an automobile may recover from the owner or operator for injuries caused by its negligent operation is not in conflict with the equal protection clause of the Fourteenth Amendment because of the distinction it makes between passengers so carried in automobiles ...
icc Vs. Los Angeles
Court: US Supreme Court
Decided on: Nov-25-1929
ICC v. Los Angeles - 280 U.S. 52 (1929) U.S. Supreme Court ICC v. Los Angeles, 280 U.S. 52 (1929) Interstate Commerce Commission v. Los Angeles No. 54 Argued October 28, 29, 1929 Decided November 25, 1929 280 U.S. 52 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Power to compel interstate railway carriers to abandon their existing passenger stations and terminals in a large city and erect in lieu a new union station at a new site is not conferred upon the Interstate Commerce Commission by paragraphs 18-21 of 1 of the amended Interstate Commerce Act, giving the Commission authority over abandonments and extensions of lines, or by paragraphs 3 and 4 of 3, requiring carriers to afford all reasonable, proper, and equal facilities for interchange of traffic and authorizing the Commission in certain circumstances to require that terminal facilities of one carrier may be used by another. Railroad Commission v. Southern Pacific Co., 264 U. S. 331 ,...
United States Vs. Erie Railroad Company
Court: US Supreme Court
Decided on: Nov-25-1929
United States v. Erie Railroad Company - 280 U.S. 98 (1929) U.S. Supreme Court United States v. Erie Railroad Company, 280 U.S. 98 (1929) United States v. Erie Railroad Company No. 30 Argued November 1, 1929 Decided November 25, 1929 280 U.S. 98 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY 1. The Interstate Commerce Commission has power to establish rates on intrastate shipments which are part of foreign commerce. P. 280 U. S. 100 . 2. Whether a shipment is foreign or local is determined by the essential character of the commerce; it is not dependent upon the question when or to whom title passes, and the shipment may be Page 280 U. S. 99 foreign in its entirety even though completed under a local bill of lading with a temporary detention before or after the local movement. P. 280 U. S. 101 . 3. The Commission found that the consignee of shipments from abroad acted only as agent of the consignors under a duty to reconsign the goo...
Herbring Vs. Lee
Court: US Supreme Court
Decided on: Nov-25-1929
Herbring v. Lee - 280 U.S. 111 (1929) U.S. Supreme Court Herbring v. Lee, 280 U.S. 111 (1929) Herbring v. Lee No. 17 Argued October 23, 24, 1929 Decided November 25, 1929 280 U.S. 111 APPEAL FROM THE SUPREME COURT OF OREGON Syllabus 1. The Oregon law (2 Ore. L. Tit. 36, 6388) requiring each foreign fire insurance company to do its local business through licensed local agents, restricting the number of agents that may be appointed by a company in any city, and providing that, as a condition precedent to appointment of an additional agent in a city, the company shall apply to the Insurance Commissioner and pay an annual license fee of $500 is a regulation of the corporation, Page 280 U. S. 112 and not an attempted regulation of or an interference with the rights of individuals to carry on the business of insurance agent. P. 280 U. S. 116 . 2. Whether this regulation is arbitrary and unconstitutional as applied to the corporation is not open for decision in the absence of...
Bekins Van Lines, Inc. Vs. Riley
Court: US Supreme Court
Decided on: Nov-25-1929
Bekins Van Lines, Inc. v. Riley - 280 U.S. 80 (1929) U.S. Supreme Court Bekins Van Lines, Inc. v. Riley, 280 U.S. 80 (1929) Bekins Van Lines, Inc. v. Riley No. 13 Argued April 18, 1929 Decided November 25, 1929 280 U.S. 80 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus A state law which, in the taxation of carriers of freight by motor vehicle using the public highways distinguishes between those common carriers who operate over regular routes between fixed termini and other carriers, common and private, does not deprive Page 280 U. S. 81 the first mentioned class of equal protection in violation of the Fourteenth Amendment, even if the tax upon it be more burdensome than that upon the others, since it cannot be aid that the classification lacks any reasonable basis. So held in view (1) of the differences between common and private carriers, and (2) of the probability that common carrier operating regularly between fi...
Wick Vs. Chelan Electric Co.
Court: US Supreme Court
Decided on: Nov-25-1929
Wick v. Chelan Electric Co. - 280 U.S. 108 (1929) U.S. Supreme Court Wick v. Chelan Electric Co., 280 U.S. 108 (1929) Wick v. Chelan Electric Company No. 29 Argued November 1, 1929 Decided November 25, 1929 280 U.S. 108 APPEAL FROM THE SUPREME COURT OF WASHINGTON Syllabus 1. Upon review of a decision of a state supreme court sustaining a service by publication on a nonresident landowner in a condemnation case as conformable to a state statute, and rejecting the landowner's contention that the period of time between service and the return day was too brief to satisfy the demands of due process under the Fourteenth Amendment, this Court accepts as binding upon it the state court's construction of the statute with respect to the time as of which service is complete and as to the manner of fixing the return day. P. 280 U. S. 110 . 2. Eighteen days between service by publication and the return day held sufficient time under the due process clause, as applied to a nonresident...
Williams Vs. Riley
Court: US Supreme Court
Decided on: Nov-25-1929
Williams v. Riley - 280 U.S. 78 (1929) U.S. Supreme Court Williams v. Riley, 280 U.S. 78 (1929) Williams v. Riley No. 12 Argued April 18, 1929 Decided November 25, 1929 280 U.S. 78 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Statutes of California directed that all distributors of motor vehicle fuel should be licensed and pay taxes amounting to three cents per gallon sold, less an allowance of 1%, and provided for reimbursing purchasers of fuel not used for operating vehicles upon public highways. Plaintiffs, who, like thousands of other citizens and taxpayers of the state, must obtain fuel for operating their motor vehicles along the highways from the licensed distributors at prices enhanced by the 3-cent tax, sued the state officer charged with the duty of collecting the tax to enjoin him from so doing, alleging that the tax was in conflict with the Fourteenth Amendment, the federal Highway Act, and the constitution...
Safe Deposit and Trust Co. Vs. Commonwealth
Court: US Supreme Court
Decided on: Nov-25-1929
Safe Deposit & Trust Co. v. Commonwealth - 280 U.S. 83 (1929) U.S. Supreme Court Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929) Safe Deposit & Trust Co. v. Commonwealth No. 20 Argued October 24, 1929 Decided November 25, 1929 280 U.S. 83 APPEAL FROM THE SPECIAL COURT OF APPEALS OF VIRGINIA 1. Cause held properly here on appeal; certiorari denied. P. 280 U. S. 89 . 2. A statute of a state which undertakes to tax things wholly beyond her jurisdiction or control conflicts with the Fourteenth Amendment. P. 280 U. S. 92 . 3. Mobilia sequuntur personam is a fiction intended for convenience, not controlling where justice does not demand it, and not to be applied if the result would be a patent and inescapable injustice through double taxation, or otherwise. Pp. 280 U. S. 92 -93. 4. Intangibles, such as stocks and bonds, in the hands of the holder of the legal title, with definite taxable situs at that owner's residence not subject to be changed by the equita...
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