Us Supreme Court Court November 1960 Judgments
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Waterman S.S. Corp. Vs. Dugan and Mcnamara, Inc.
Court: US Supreme Court
Decided on: Nov-21-1960
Waterman S.S. Corp. v. Dugan & McNamara, Inc. - 364 U.S. 421 (1960) U.S. Supreme Court Waterman S.S. Corp. v. Dugan & McNamara, Inc., 364 U.S. 421 (1960) Waterman Steamship Corp. v. Dugan & McNamara, Inc. No. 35 Argued October 20, 1960 Decided November 21, 1960 364 U.S. 421 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A longshoreman employed by respondent, stevedoring contractor engaged by a consignee, sued a shipowner for personal injuries sustained aboard a ship while helping to unload its cargo. The shipowner settled the claim and sought to recover from respondent on the ground that the longshoreman's injuries resulted from respondent's failure to perform its work in a workmanlike manner. Held: Respondent was liable to the shipowner, even though there was no privity of contract between respondent and the shipowner and regardless of whether the longshoreman's original claim was asserted in an in rem or an in personam proceeding, si...
Thomas Vs. Virginia
Court: US Supreme Court
Decided on: Nov-21-1960
THOMAS v. VIRGINIA - 364 U.S. 443 (1960) U.S. Supreme Court THOMAS v. VIRGINIA, 364 U.S. 443 (1960) 364 U.S. 443 THOMAS v. VIRGINIA. CERTIORARI TO THE CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA. No. 43. Argued November 10, 1960. Decided November 21, 1960. Judgment reversed and cause remanded. Cornelius H. Doherty argued the cause and filed a brief for petitioner. R. D. McIlwaine III, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the briefs were A. S. Harrison, Jr., Attorney General, and John W. Knowles, Assistant Attorney General. PER CURIAM. The judgment of the Circuit Court of Arlington County of the Commonwealth of Virginia is reversed and the case is remanded to that court. Blodgett v. Silberman, 277 U.S. 1, 18 . MR. JUSTICE BLACK dissents for the same reason expressed by Mr. Justice Holmes in Union Transit Co. v. Kentucky, 199 U.S. 194, 211 : "It seems to me that the result reached by the Court probably is a desirable one...
Meyer Vs. United States
Court: US Supreme Court
Decided on: Nov-21-1960
Meyer v. United States - 364 U.S. 410 (1960) U.S. Supreme Court Meyer v. United States, 364 U.S. 410 (1960) Meyer v. United States No. 13 Argued October 12, 1960 Decided November 21, 1960 364 U.S. 410 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The proceeds of two life insurance policies were made payable in monthly payments to the insured's wife for her lifetime, but, if she should die before the expiration of 20 years, his daughter was to receive the payments until the 20 years had elapsed. When he died, he was survived by his wife and daughter, and each insurance company determined and set up on its books a sum representing the amount necessary to fund the 240 monthly payments for the 20 years and a separate sum representing the amount necessary to fund the monthly payments to the wife so long as she might live beyond the 240 months. Held: the decedent's estate was not entitled to a marital deduction under 812(e) of the Internal Re...
New York, N.H. and H. R. Co. Vs. Henagan
Court: US Supreme Court
Decided on: Nov-21-1960
New York, N.H. & H. R. Co. v. Henagan - 364 U.S. 441 (1960) U.S. Supreme Court New York, N.H. & H. R. Co. v. Henagan, 364 U.S. 441 (1960) New York, New Haven & Hartford Railroad Co. v. Henagan No. 38 Argued November 8, 1960 Decided November 21, 1960 364 U.S. 441 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus In this suit against a railroad under the Federal Employers' Liability Act by a waitress in the grill car of one of the railroad's trains to recover damages for injuries allegedly sustained when an emergency application of the brakes brought the train to a sudden stop, held: the proofs were insufficient to submit to the jury the question whether employer negligence played a part in the emergency application of the brakes which allegedly produced the injury. 272 F.2d 153, reversed. PER CURIAM. The respondent was a waitress in the grill car of one of petitioner's trains. She brought this action under the Federal Employers' Liability A...
Polites Vs. United States
Court: US Supreme Court
Decided on: Nov-21-1960
Polites v. United States - 364 U.S. 426 (1960) U.S. Supreme Court Polites v. United States, 364 U.S. 426 (1960) Polites v. United States No. 25 Argued October 18, 1960 Decided November 21, 1960 364 U.S. 426 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner's citizenship was revoked in a proceeding under 338(a) of the Nationality Act of 1940. The District Court found that, within ten years preceding his petition for naturalization, he had been a member of the Communist Party, that the Party was an organization which was then advocating the forcible overthrow of the Government, and that, therefore, petitioner was ineligible for citizenship under 305. Pursuant to a stipulation of petitioner's counsel, his appeal was dismissed with prejudice. Four years later petitioner moved under Rule 60(b) of the Federal Rules of Civil Procedure to vacate the judgment, on the ground that it was voidable under this Court's subsequent decisions in No...
King Vs. Ellis
Court: US Supreme Court
Decided on: Nov-21-1960
KING v. ELLIS - 364 U.S. 445 (1960) U.S. Supreme Court KING v. ELLIS, 364 U.S. 445 (1960) 364 U.S. 445 KING v. ELLIS, CORRECTIONS DIRECTOR. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 4, Misc. Decided November 21, 1960. Certiorari granted; judgment vacated; and case remanded. Petitioner pro se. Will Wilson, Attorney General of Texas, and Leon F. Pesek and Linward Shivers, Assistant Attorneys General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the District Court for a full hearing. Ellis v. United States, 356 U.S. 674 . STATHAM v. CALIFORNIA, 364 U.S. 445 (1960) 364 U.S. 445 (1960) "> U.S. Supreme Court STATHAM v. CALIFORNIA, 364 U.S. 445 (1960) 364 U.S. 445 STATHAM v. CALIFORNIA. APPEAL FROM THE DISTRICT COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT. No. ...
Ford Motor Co. Vs. Pace
Court: US Supreme Court
Decided on: Nov-21-1960
FORD MOTOR CO. v. PACE - 364 U.S. 444 (1960) U.S. Supreme Court FORD MOTOR CO. v. PACE, 364 U.S. 444 (1960) 364 U.S. 444 FORD MOTOR CO. v. PACE ET AL. APPEAL FROM THE SUPREME COURT OF TENNESSEE. No. 431. Decided November 21, 1960. Appeal dismissed for want of a properly presented federal question. Reported below: 206 Tenn. 559, 335 S. W. 2d 360. William T. Gossett, L. Homer Surbeck and Cecil Sims for appellant. K. Harland Dodson, Jr. for appellees. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a properly presented federal question. DART DRUG CORP. OF MARYLAND v. GADOL, 364 U.S. 444 (1960) 364 U.S. 444 (1960) "> U.S. Supreme Court DART DRUG CORP. OF MARYLAND v. GADOL, 364 U.S. 444 (1960) 364 U.S. 444 DART DRUG CORP. OF MARYLAND ET AL. v. GADOL ET AL., DOING BUSINESS AS FOUR CORNERS PHARMACY. APPEAL FROM THE COURT OF APPEALS OF MARYLAND. No. 435. Decided November 21, 1960. Appeal dismissed for want of a substantial feder...
Knetsch Vs. United States
Court: US Supreme Court
Decided on: Nov-14-1960
Knetsch v. United States - 364 U.S. 361 (1960) U.S. Supreme Court Knetsch v. United States, 364 U.S. 361 (1960) Knetsch v. United States No. 23 Argued October 17-18, 1960 Decided November 14, 1960 364 U.S. 361 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In 1953, a 60-year-old taxpayer purchased single-premium 30-year maturity deferred annuity savings bonds with an aggregate face value of $4,000,000 from a life insurance company, paying only a nominal sum in cash, giving nonrecourse notes secured by the bonds for the balance, and paying a substantial amount as "interest" in advance on that "indebtedness." A few days later, he borrowed from the company nearly all of the excess of the cash surrender value which the bonds would have at the end of the first contract year over the amount of the existing "indebtedness," and again paid in advance the "interest" on such additional "indebtedness." These borrowings and "interest" payments were repea...
Climate Control, Inc. Vs. Hill
Court: US Supreme Court
Decided on: Nov-14-1960
CLIMATE CONTROL, INC. v. HILL - 364 U.S. 409 (1960) U.S. Supreme Court CLIMATE CONTROL, INC. v. HILL, 364 U.S. 409 (1960) 364 U.S. 409 CLIMATE CONTROL, INC., v. HILL ET AL. APPEAL FROM THE SUPREME COURT OF ARIZONA. No. 251. Decided November 14, 1960. Appeal dismissed for want of a substantial federal question. Reported below: 86 Ariz. 180, 342 P.2d 854; 87 Ariz. 201, 349 P.2d 771. William R. Meagher for appellant. William W. Stevenson, Samuel H. Morris, Richard M. Fennemore, Daniel E. Cracchiolo, J. A. Riggins, Jr., Denison Kitchel, Francis J. Ryley, Ivan Robinette, Edward Jacobson, Howard Twitty, John R. Franks and Richard G. Kleindienst for appellees. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. BOBO v. MAYOR & COUNCILMEN OF SAVANNAH BEACH, 364 U.S. 409 (1960) 364 U.S. 409 (1960) "> U.S. Supreme Court BOBO v. MAYOR & COUNCILMEN OF SAVANNAH BEACH, 364 U.S. 409 (1960) 364 U.S. 409 BOBO v. M...
Uphaus Vs. Wyman
Court: US Supreme Court
Decided on: Nov-14-1960
Uphaus v. Wyman - 364 U.S. 388 (1960) U.S. Supreme Court Uphaus v. Wyman, 364 U.S. 388 (1960) Uphaus v. Wyman No. 336 Decided November 14, 1960 364 U.S. 388 APPEAL FROM THE SUPREME COURT OF NEW HAMPSHIRE Syllabus For refusing to comply with a state court order to produce the names of persons attending his summer camp during 1954 and 1955 for use in an investigation by the Attorney General of New Hampshire on behalf of the State Legislature to determine whether "subversive persons" were then in the State, petitioner was adjudged guilty of civil contempt and ordered committed to jail until he complied. That judgment was sustained by the State Supreme Court and by this Court. He then appealed again to the State Supreme Court, claiming that, since his former appeal, the State Legislature had terminated the Attorney General's authority to make such an investigation on its behalf; but the State Supreme Court held that such authority had not been terminated. Held: an appeal to thi...
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