Us Supreme Court Court February 1949 Judgments
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Automobile Workers Vs. WisconsIn Board
Court: US Supreme Court
Decided on: Feb-28-1949
Automobile Workers v. Wisconsin Board - 336 U.S. 245 (1949) U.S. Supreme Court Automobile Workers v. Wisconsin Board, 336 U.S. 245 (1949) International Union, U.A.W.A, A. F. of L, Local 232 v. Wisconsin Employment Relations Board Nos. 14 and 15 Argued November 17-18, 1948 Decided February 28, 1949 336 U.S. 245 CERTIORARI TO THE SUPREME COURT OF WISCONSIN Syllabus Negotiations for a collective bargaining agreement between an employer, engaged in interstate commerce, and a labor union, certified under the National Labor Relations Act as collective bargaining representative of the employees, became deadlocked. In order to bring pressure on the employer, the union adopted a plan whereby union meetings were called at irregular times during working hours, without advance notice to the employer or any notice as to whether or when the employees would return. In a period of less than 5 months, 27 such work stoppages occurred. The employer was not informed during this period of any s...
Labor Board Vs. Stowe Spinning Co.
Court: US Supreme Court
Decided on: Feb-28-1949
Labor Board v. Stowe Spinning Co. - 336 U.S. 226 (1949) U.S. Supreme Court Labor Board v. Stowe Spinning Co., 336 U.S. 226 (1949) National Labor Relations Board v. Stowe Spinning Co. No. 46 Argued December 9-10, 1948 Decided February 28, 1949 336 U.S. 226 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. In the circumstances of this case, the National Labor Relations Board could properly find that it was an unfair labor practice violative of 8(1) of the National Labor Relations Act, for an employer to discriminate against a labor organization by denying it the use of a company-owned meeting hall which was the only available meeting hall in a company town. The Board had found that the use of the hall had been freely given to other groups, and that the employer's sole purpose in denying the use of it to the labor organization was to impede self-organization and collective bargaining by its employees. Pp. 336 U. S. 227 -233. (a) In the set...
Hirshberg Vs. Cooke
Court: US Supreme Court
Decided on: Feb-28-1949
Hirshberg v. Cooke - 336 U.S. 210 (1949) U.S. Supreme Court Hirshberg v. Cooke, 336 U.S. 210 (1949) United States ex Rel. Hirshberg v. Cooke No. 231 Argued January 13, 1949 Decided February 28, 1949 336 U.S. 210 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A Navy court-martial has no jurisdiction to try an enlisted man for a violation of Art. 8 of the Articles for the Government of the Navy, 34 U.S.C. 1200, Art. 8, committed during a prior enlistment terminated by an honorable discharge, even though he reenlisted on the day following his discharge. Pp. 336 U. S. 211 -219. 2. This conclusion is supported by the language and legislative history of 34 U.S.C. 1200, Art. 14 (Eleventh), specifically authorizing trial after discharge of offenders against Art. 14. Pp. 336 U. S. 214 -216. 3. It is also supported by longstanding administrative interpretation, including 31 Op.Atty.Gen. 521. Pp. 336 U. S. 216 -217. 4. 34 U.S.C. 591, au...
Graver Tank and Mfg. Co., Inc. Vs. Linde
Court: US Supreme Court
Decided on: Feb-28-1949
Graver Tank & Mfg. Co., Inc. v. Linde - 336 U.S. 271 (1949) U.S. Supreme Court Graver Tank & Mfg. Co., Inc. v. Linde, 336 U.S. 271 (1949) Graver Tank & Mfg. Co., Inc. v. Linde Nos. 184 and 185 Argued January 6, 1949 Decided February 28, 1949 336 U.S. 271 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Certain flux claims of Jones patent No. 2,043,960, for an electric welding process and for fluxes, or compositions, to be used therewith, held valid and infringed. Pp. 336 U. S. 273 -276. (a) This Court, being a court of law, rather than a court for correction of errors in factfinding, cannot undertake to review concurrent findings of fact by two courts below in the absence of a very obvious and exceptional showing of error. Pp. 336 U. S. 274 -275. (b) While the ultimate question of patentability is one of meeting the requirements of the statute, the facts found by the two courts below with respect to these claims warrant a conclusi...
Daniel Vs. Family Security Life Ins. Co.
Court: US Supreme Court
Decided on: Feb-28-1949
Daniel v. Family Security Life Ins. Co. - 336 U.S. 220 (1949) U.S. Supreme Court Daniel v. Family Security Life Ins. Co., 336 U.S. 220 (1949) Daniel v. Family Security Life Insurance Co. No. 297 Argued February 2, 1949 Decided February 28, 1949 336 U.S. 220 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF SOUTH CAROLINA Syllabus 1. As applied in this case, a South Carolina statute forbidding life insurance companies and their agents to engage in the undertaking business and forbidding undertakers to serve as agents for life insurance companies does not contravene the Due Process or Equal Protection Clause of the Fourteenth Amendment. Pp. 336 U. S. 220 -225. 2. That an "insurance lobby" may have secured the enactment of the statute has no bearing on its constitutionality. P. 336 U. S. 224 . 3. It cannot be said that South Carolina is not entitled to call the funeral insurance business an evil, nor that the statute has no relation to such an evil...
Mccomb Vs. Jacksonville Paper Co.
Court: US Supreme Court
Decided on: Feb-14-1949
McComb v. Jacksonville Paper Co. - 336 U.S. 187 (1949) U.S. Supreme Court McComb v. Jacksonville Paper Co., 336 U.S. 187 (1949) McComb v. Jacksonville Paper Co. No. 110 Argued December 14-15, 1948 Decided February 14, 1949 336 U.S. 187 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A decree of the District Court in a proceeding under the Fair Labor Standards Act enjoined respondents from violating the minimum wage, overtime, and recordkeeping provisions of the Act. Respondents took no appeal. Three years later, the Administrator instituted a civil contempt proceeding alleging violations of the decree and praying that respondents, in order to purge themselves of contempt, be required to make payment of unpaid statutory wages to the employees affected. Held: 1. The fact that the violations of the decree were not "willful" does not absolve respondents from liability for civil contempt. P. 336 U. S. 191 . (a) The grant or withholding of rel...
WisconsIn Elec. Power Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-14-1949
Wisconsin Elec. Power Co. v. United States - 336 U.S. 176 (1949) U.S. Supreme Court Wisconsin Elec. Power Co. v. United States, 336 U.S. 176 (1949) Wisconsin Electric Power Co. v. United States No. 237 Argued January 7, 1949 Decided February 14, 1949 336 U.S. 176 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Dairies, engaged primarily in the collection, pasteurization, and distribution of fresh milk, purchased and used electricity in various ways in their general operations, including an undetermined amount used in pasteurizing milk. Held: electricity supplied to these dairies through single meters, or through more than one meter but without differentiation as to use, is sold for "commercial consumption" (and not for industrial purposes), within the meaning of 3411 of the Internal Revenue Code, and is taxable against the vendor under that section. Pp. 336 U. S. 177 -187. 2. The legislative history of this section indicates that t...
Reynolds Vs. Atlantic Coast Line R. Co.
Court: US Supreme Court
Decided on: Feb-14-1949
Reynolds v. Atlantic Coast Line R. Co. - 336 U.S. 207 (1949) U.S. Supreme Court Reynolds v. Atlantic Coast Line R. Co., 336 U.S. 207 (1949) Reynolds v. Atlantic Coast Line Railroad Co. No. 234 Argued January 10, 1949 Decided February 14, 1949 336 U.S. 207 CERTIORARI TO THE SUPREME COURT OF ALABAMA Syllabus A complaint in a suit brought in a state court under the Federal Employers' Liability Act charged that the defendant's negligence caused the deceased to perform additional work of the same kind as he normally performed. It was not alleged that this additional work contained any hazards other than those usual to the occupation. The state court sustained a demurrer to the complaint on the ground that the injury did not result proximately, in whole or in part, from the defendant's negligence. Held: judgment affirmed. Pp. 336 U. S. 207 -209. 251 Ala. 27, 36 So.2d 102, affirmed. The state trial court sustained respondent's demurrer to the complaint in a suit brought by pe...
Lawson Vs. Suwannee Fruit and Steamship Co.
Court: US Supreme Court
Decided on: Feb-14-1949
Lawson v. Suwannee Fruit & Steamship Co. - 336 U.S. 198 (1949) U.S. Supreme Court Lawson v. Suwannee Fruit & Steamship Co., 336 U.S. 198 (1949) Lawson v. Suwannee Fruit & Steamship Co. No. 56 Argued December 7, 1948 Decided February 14, 1949 336 U.S. 198 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. An employee, who had previously lost the sight of his right eye through causes unconnected with industry or his employment, suffered an injury in the course of his employment as a result whereof he lost the sight of his left eye, and thereby became totally disabled within the meaning of the Longshoremen's and Harbor Workers' Compensation Act. Held: under 8(f)(1) of the Act, the employer was liable only for permanent partial disability (loss of the left eye), and the remainder of the compensation due for permanent total disability was payable out of the special fund established by 44 of the Act. Pp. 336 U. S. 199 -206. 2. The term "disa...
Ott Vs. Mississippi Valley Barge Line Co.
Court: US Supreme Court
Decided on: Feb-07-1949
Ott v. Mississippi Valley Barge Line Co. - 336 U.S. 169 (1949) U.S. Supreme Court Ott v. Mississippi Valley Barge Line Co., 336 U.S. 169 (1949) Ott v. Mississippi Valley Barge Line Co. No. 244 Argued January 5, 1949 Decided February 7, 1949 336 U.S. 169 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. A state and a city levied ad valorem taxes on foreign corporations operating barge lines in interstate commerce on inland waters. The assessments were based on the ratio between the number of miles of line within the State and the total number of miles of the entire line. The vessels engaged in the service were enrolled at ports outside of the State, and were only within the State for such time as was required to load and unload cargo and to make necessary repairs. Held: the taxes did not violate either the Due Process Clause of the Fourteenth Amendment or the Commerce Clause of the Federal Constitution. Pp. 336 U. S. 170 -175. 2. The rul...
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