Us Supreme Court Court December 1949 Judgments
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Hubsch Vs. United States
Court: US Supreme Court
Decided on: Dec-19-1949
Hubsch v. United States - 338 U.S. 440 (1949) U.S. Supreme Court Hubsch v. United States, 338 U.S. 440 (1949) Hubsch v. United States No. 379 Decided December 19, 1949 * 338 U.S. 440 ON APPLICATION OF PETITIONERS AND THE SOLICITOR GENERAL FOR APPROVAL OF SETTLEMENT Syllabus The authority and responsibility for passing upon a proposed compromise of 3 claim arising under the Federal Tort Claims Act, after commencement of an action thereon, are imposed by 28 U.S.C. § 2677 on the District Court, and such a proposed compromise, submitted here after grant of certiorari to review a judgment of the Court of Appeals affirming judgments of the District Court on such claims, is referred to the District Court for consideration and disposition. PER CURIAM. We granted writs of certiorari in these cases, 338 U.S. 814, to review a decision of the Court of Appeals for the Fifth Circuit, 174 F.2d 7, affirming judgments of the District Court for the Southern District of Florida in favo...
Carter Vs. Atlanta and St. Andrews Bay Ry. Co.
Court: US Supreme Court
Decided on: Dec-19-1949
Carter v. Atlanta & St. Andrews Bay Ry. Co. - 338 U.S. 430 (1949) U.S. Supreme Court Carter v. Atlanta & St. Andrews Bay Ry. Co., 338 U.S. 430 (1949) Carter v. Atlanta & St. Andrews Bay Railway Co. No. 23 Argued October 14, 1949 Decided December 19, 1949 338 U.S. 430 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In this action under the Federal Employers' Liability Act and the Safety Appliance Act, based upon a charge of negligence and a charge of a violation of the Safety Appliance Act through the failure of an automatic coupler, held: 1. It was error to take from the jury the phase of the case involving the alleged violation of the Safety Appliance Act, since there was evidence upon which a jury could find a causal relation between the failure of the coupler and the plaintiff's injury. Pp. 338 U. S. 433 -435. (a) The duty imposed on an interstate railroad by the Safety Appliance Act to equip cars "with couplers coupling automatically...
Alcoa Steamship Co., Inc. Vs. United States
Court: US Supreme Court
Decided on: Dec-19-1949
Alcoa Steamship Co., Inc. v. United States - 338 U.S. 421 (1949) U.S. Supreme Court Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949) Alcoa Steamship Co., Inc. v. United States No. 271 Argued November 16, 1949 Decided December 19, 1949 338 U.S. 421 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Government property which was being carried by sea under a standard form government bill of lading was lost by enemy action before reaching its destination. The government bill of lading provided that, "unless otherwise specifically provided or otherwise stated hereon," the shipment would be governed by the rules and conditions applicable to commercial shipments, but payment was conditioned on presentation of the bill of lading "properly accomplished," and of a "freight voucher prepared on the authorized Government form." A "goods or vessel lost or not lost" provision in the carrier's commercial bill of lading would have entitled the ca...
United States Vs. Toronto Nav. Co.
Court: US Supreme Court
Decided on: Dec-12-1949
United States v. Toronto Nav. Co. - 338 U.S. 396 (1949) U.S. Supreme Court United States v. Toronto Nav. Co., 338 U.S. 396 (1949) United States v. Toronto, Hamilton & Buffalo Navigation Co. No. 39 Argued November 9, 1949 Decided December 12, 1949 338 U.S. 396 CERTIORARI TO THE COURT OF CLAIMS Syllabus Under authority of 902 of the Merchant Marine Act of 1936, as amended, the United States requisitioned respondent's fresh water car ferry on Lake Erie. The vessel was built in 1916, was in service on Lake Erie from that year until 1932, and, except for a 2-year charter period, was idle from 1932 until requisitioned in 1942. In determining the amount of just compensation required by the Fifth Amendment to be paid respondent, the Court of Claims, absent evidence of "market value," relied upon the earnings of the vessel from 1916 to 1932 and upon the "demand" for such a vessel for use between Florida and Cuba. Held: 1. On the record in this case, the Court of Claims erred in re...
O'Donnell Vs. Elgin, J. and E. Ry. Co.
Court: US Supreme Court
Decided on: Dec-12-1949
O'Donnell v. Elgin, J. & E. Ry. Co. - 338 U.S. 384 (1949) U.S. Supreme Court O'Donnell v. Elgin, J. & E. Ry. Co., 338 U.S. 384 (1949) O'Donnell v. Elgin, Joliet & Eastern Railway Co. No. 56 Argued October 21, 1949 Decided December 12, 1949 338 U.S. 384 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In an action under the Federal Employers' Liability Act to recover damages for a death claimed to have been proximately caused by the breaking of an automatic coupler, the complaint mingled in a single cause of action charges of general negligence and a specific charge that defendant "carelessly and negligently" violated the Safety Appliance Act by operating a car not equipped with the prescribed coupler. The trial court denied plaintiff's request for instructions that the breaking of the coupler was negligence per se, and submitted the whole case to the jury indiscriminately as a negligence case. The jury found for defendant. Held: as to th...
United States Vs. Aetna Cas. and Sur. Co.
Court: US Supreme Court
Decided on: Dec-12-1949
United States v. Aetna Cas. & Sur. Co. - 338 U.S. 366 (1949) U.S. Supreme Court United States v. Aetna Cas. & Sur. Co., 338 U.S. 366 (1949) United States v. Aetna Casualty & Surety Co. Argued October 19-20, 1949 Decided December 12, 1949 * 338 U.S. 366 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Notwithstanding R.S. 3477, restricting assignments of claims against the United States, an insurance company may bring an action under the Federal Tort Claims Act in its own name against the United States upon a claim to which it has become subrogated by payment to an insured who would have been able to bring such action. Pp. 338 U. S. 367 -383. (a) R.S. 3477 does not bar transfers by operation of law. United States v. Gillis, 95 U. S. 407 ; Erwin v. United States, 97 U. S. 392 ; Goodman v. Niblack, 102 U. S. 556 . Pp. 338 U. S. 370 -376. (b) It was the understanding of Congress when it passed the Tort Claims Act that subrogation...
Wilmette Park Dist. Vs. Campbell
Court: US Supreme Court
Decided on: Dec-12-1949
Wilmette Park Dist. v. Campbell - 338 U.S. 411 (1949) U.S. Supreme Court Wilmette Park Dist. v. Campbell, 338 U.S. 411 (1949) Wilmette Park District v. Campbell No. 5 Argued November 15-16, 1949 Decided December 12, 1949 228 U.S. 411 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner, an instrumentality of a State, operated on a nonprofit basis a public bathing beach to which all persons entering were charged admission. For failure to collect and pay the tax imposed by 1700(a) of the Internal Revenue Code on charges for "admission to any place," penalties were assessed against petitioner under 1718 of the Code. Held: 1. Having paid the penalties from its general revenue fund, petitioner's financial interest was sufficient to give it standing to sue for refund. P. 338 U. S. 414 . 2. Within the meaning of 1700(a), the charge made by petitioner for admission to the beach was an "amount paid for admission to any place," and that...
Colgate-palmolive-peet Co. Vs. Labor Board
Court: US Supreme Court
Decided on: Dec-05-1949
Colgate-Palmolive-Peet Co. v. Labor Board - 338 U.S. 355 (1949) U.S. Supreme Court Colgate-Palmolive-Peet Co. v. Labor Board, 338 U.S. 355 (1949) Colgate-Palmolive-Peet Co. v. National Labor Relations Board No. 47 Argued November 17, 1949 Decided December 5, 1949 338 U.S. 355 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus An employer and a labor organization entered into a closed shop agreement which was valid under the National Labor Relations Act and under state law. The agreement, which the employer had entered into in good faith, was of indefinite duration, and had been in effect more than four years. Pursuant to the agreement, upon the demand of the labor organization and in good faith, the employer discharged certain employees whom the labor organization had expelled from membership on account of their activity in behalf of a rival labor organization. The National Labor Relations Board thereupon found that the employer had violated 8(...
Cole Vs. Arkansas
Court: US Supreme Court
Decided on: Dec-05-1949
Cole v. Arkansas - 338 U.S. 345 (1949) U.S. Supreme Court Cole v. Arkansas, 338 U.S. 345 (1949) Cole v. Arkansas No. 62 Argued November 9, 1949 Decided December 5, 1949 338 U.S. 345 CERTIORARI TO THE SUPREME COURT OF ARKANSAS Syllabus Petitioners were convicted of violating 2 of Act 193 of the Arkansas Acts of 1943, which makes it unlawful "for any person acting in concert with one or more other persons, to assemble at or near any place where a 'labor dispute' exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation, or for any person, acting either by himself or as a member of any group or organization or acting in concert with one or more other person, to promote, encourage, or aid any such unlawful assemblage. " The State Supreme Court affirmed the conviction, indicating in its opinion that, as to one charged with violation of the italicized portion, the statute requires that the accused shall have aided the assemb...
Parker Vs. County of Los Angeles
Court: US Supreme Court
Decided on: Dec-05-1949
Parker v. County of Los Angeles - 338 U.S. 327 (1949) U.S. Supreme Court Parker v. County of Los Angeles, 338 U.S. 327 (1949) Parker v. County of Los Angeles Argued November 8, 1949 Decided December 5, 1949 338 U.S. 327 CERTIORARI TO THE DISTRICT COURT OF APPEAL OF THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT Syllabus A state court dismissed actions by civil service employees for relief against enforcement of a "loyalty" program by a county, without considering whether disclosure of information sought by a prescribed affidavit would have penal consequences, and its decision left in doubt whether it had passed on the validity under the Fourteenth Amendment of sanctions (if there were any) for failure to execute the affidavit. By a subsequent order, not involved in the judgments now before this Court, the county explicitly adopted sanctions for failure to execute affidavits, and the validity of this latter order was attacked for the first time in litigation still pending...
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