Us Supreme Court Court February 1963 Judgments
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Harrison Vs. Missouri Pacific R. Co.
Court: US Supreme Court
Decided on: Feb-25-1963
Harrison v. Missouri Pacific R. Co. - 372 U.S. 248 (1963) U.S. Supreme Court Harrison v. Missouri Pacific R. Co., 372 U.S. 248 (1963) Harrison v. Missouri Pacific Railroad Co. No. 690 Decided February 25, 1963 372 U.S. 248 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus Petitioner, a section foreman for a railroad, sued the railroad in a state court under the Federal Employers' Liability Act for injuries sustained when he was assaulted by a member of his section gang whom he accused of stealing a ballast fork. A jury awarded damages to petitioner, but the trial judge set aside the verdict and granted the railroad a judgment notwithstanding the verdict. The Appellate Court affirmed. Held: The evidence was sufficient to support the jury's finding that the assault was foreseeable; the trial court and the Appellate Court improperly invaded the function and province of the jury; certiorari is granted; the judgment is reversed; and the case is remand...
National Motor Freight Ass'n, Inc. Vs. United States
Court: US Supreme Court
Decided on: Feb-25-1963
National Motor Freight Ass'n, Inc. v. United States - 372 U.S. 246 (1963) U.S. Supreme Court National Motor Freight Ass'n, Inc. v. United States, 372 U.S. 246 (1963) National Motor Freight Traffic Association, Inc. v. United States No. 479 Decided February 25, 1963 372 U.S. 246 ON PETITION FOR REHEARING Syllabus 1. Petition for rehearing denied. 2. In affirming, 371 U. S. 223 , the District Court's judgment dismissing appellants' action to set aside an order of the Interstate Commerce Commission, this Court affirmed the District Court's judgment insofar as it upheld the Commission's order on the merits, but this Court disagreed with the District Court's view that appellants lacked standing to challenge the Commission's order in the District Court. 3. Since appellants, authorized associations of motor carriers under 49 U.S.C. 5b, are appropriate representatives of their members, and their members would be aggrieved by the Commission's order, appellants had standing to cha...
Bearden Vs. United States
Court: US Supreme Court
Decided on: Feb-25-1963
BEARDEN v. UNITED STATES - 372 U.S. 252 (1963) U.S. Supreme Court BEARDEN v. UNITED STATES, 372 U.S. 252 (1963) 372 U.S. 252 BEARDEN v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 467, Misc. Decided February 25, 1963. Certiorari granted; judgment vacated; and case remanded. Reported below: 304 F.2d 532 . William C. Collins for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Philip R. Monahan for the United States. 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 for further consideration in light of Elchuk v. United States, 370 U.S. 722 . MR. JUSTICE WHITE took no part in the consideration or decision of this case. Page 372 U.S. 252, 253 ...
White Stag Manufacturing Co. Vs. Ellis
Court: US Supreme Court
Decided on: Feb-25-1963
WHITE STAG MANUFACTURING CO. v. ELLIS - 372 U.S. 251 (1963) U.S. Supreme Court WHITE STAG MANUFACTURING CO. v. ELLIS, 372 U.S. 251 (1963) 372 U.S. 251 WHITE STAG MANUFACTURING CO. v. ELLIS ET AL., MEMBERS OF THE STATE TAX COMMISSION OF OREGON. APPEAL FROM THE SUPREME COURT OF OREGON. No. 708. Decided February 25, 1963. Appeal dismissed and certiorari denied. Reported below: 232 Ore. 94, 373 P.2d 999. Walter H. Evans, Jr. for appellant. Robert Y. Thornton, Attorney General of Oregon, and Carlisle B. Roberts and Gerald F. Bartz, Assistant Attorneys General, for appellees. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. PATTERSON v. CITY OF DALLAS, 372 U.S. 251 (1963) 372 U.S. 251 (1963) "> U.S. Supreme Court PATTERSON v. CITY OF DALLAS, 372 U.S. 251 (1963) 372 U.S. 251 PATTERSON ET AL. v. CITY OF DALLAS. APPEAL FROM THE COURT OF ...
Edwards Vs. South Carolina
Court: US Supreme Court
Decided on: Feb-25-1963
Edwards v. South Carolina - 372 U.S. 229 (1963) U.S. Supreme Court Edwards v. South Carolina, 372 U.S. 229 (1963) Edwards v. South Carolina No. 86 Argued December 13, 1962 Decided February 25, 1963 372 U.S. 229 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus Feeling aggrieved by laws of South Carolina which allegedly "prohibited Negro privileges," petitioners, 187 Negro high school and college students, peacefully assembled at the site of the State Government and there peacefully expressed their grievances "to the citizens of South Carolina, along with the Legislative Bodies of South Carolina." When told by police officials that they must disperse within 15 minutes on pain of arrest, they failed to do so, and sang patriotic and religious songs after one of their leaders had delivered a "religious harangue." There was no violence or threat of violence on their part or on the part of any member of the crowd watching them, but petitioners were arrested and convicted ...
New Jersey Vs. New York, S. and W. R. Co.
Court: US Supreme Court
Decided on: Feb-18-1963
New Jersey v. New York, S. & W. R. Co. - 372 U.S. 1 (1963) U.S. Supreme Court New Jersey v. New York, S. & W. R. Co., 372 U.S. 1 (1963) New Jersey v. New York, Susquehanna & Western Railroad Co. No. 104 Argued December 11, 1962 Decided February 18, 1963 372 U.S. 1 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Syllabus Appellee railroad operates trains solely within the State of New Jersey, but it estimates that nearly 90% of its passengers travel to and from New York City via connecting buses owned and operated by a corporation unaffiliated but under contract with appellee. After discontinuing most of its passenger trains with the permission of the Public Utilities Commission of New Jersey, appellee filed with the Interstate Commerce Commission notice of its intention to discontinue all passenger service. On motion of appellants, the Interstate Commerce Commission dismissed the notice for want of jurisdiction. Held: The proceeding involved on...
United States Vs. Patrick
Court: US Supreme Court
Decided on: Feb-18-1963
United States v. Patrick - 372 U.S. 53 (1963) U.S. Supreme Court United States v. Patrick, 372 U.S. 53 (1963) United States v. Patrick No. 22 Argued March 28, 1962 Restored to the calendar for reargument April 2, 1962 Reargued December 6, 1962 Decided February 18, 1963 372 U.S. 53 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent sued for refund of part of the income tax paid by him for the year 1956, contending that certain legal fees paid by him to his attorneys and those representing his wife in connection with a property settlement incidental to divorce proceedings instituted by his wife were deductible under 212(2) of the Internal Revenue Code of 1954 as "ordinary and necessary expenses paid or incurred . . . for the management, conservation, or maintenance of property held for the production of income." He contended that the property settlement was designed to satisfy his marital obligations to his wife and protect the inte...
Chupka Vs. Lorenz-schneider Co., Inc.
Court: US Supreme Court
Decided on: Feb-18-1963
CHUPKA v. LORENZ-SCHNEIDER CO., INC. - 372 U.S. 227 (1963) U.S. Supreme Court CHUPKA v. LORENZ-SCHNEIDER CO., INC., 372 U.S. 227 (1963) 372 U.S. 227 CHUPKA ET AL. v. LORENZ-SCHNEIDER CO., INC., ET AL. APPEAL FROM THE COURT OF APPEALS OF NEW YORK. No. 650. Decided February 18, 1963. Appeal dismissed for want of a substantial federal question. Reported below: 12 N. Y. 2d 1, 186 N. E. 2d 191. Kalman I. Nulman for appellants. Samuel J. Cohen for appellee Teamsters Local 802. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Page 372 U.S. 227, 228 KING COUNTY v. F. L. HARTUNG GLASS CO., INC., 372 U.S. 227 (1963) 372 U.S. 227 (1963) "> U.S. Supreme Court KING COUNTY v. F. L. HARTUNG GLASS CO., INC., 372 U.S. 227 (1963) 372 U.S. 227 KING COUNTY ET AL. v. F. L. HARTUNG GLASS CO., INC. APPEAL FROM THE SUPREME COURT OF WASHINGTON. No. 647. Decided February 18, 1963. Appeal dismissed and certiorari de...
Schlude Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-18-1963
Schlude v. Commissioner - 372 U.S. 128 (1963) U.S. Supreme Court Schlude v. Commissioner, 372 U.S. 128 (1963) Schlude v. Commissioner of Internal Revenue No. 80 Argued December 10, 1962 Decided February 18, 1963 372 U.S. 128 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioners, who operated dance studios, kept their books and made their income tax returns on a fiscal year accrual basis. They obtained from students contracts for dancing lessons over periods of years, to be paid for partly in cash and partly in installments, sometimes represented by negotiable notes which were discounted at banks. For the years 1952, 1953 and 1954, they reported as gross income only that portion of the advance payments received in cash and the amounts of notes and contracts executed during the respective years which corresponded with the number of hours taught. The balance was reserved for accrual in future years when additional lessons were taught, wai...
Gallick Vs. Baltimore and Ohio R. Co.
Court: US Supreme Court
Decided on: Feb-18-1963
Gallick v. Baltimore & Ohio R. Co. - 372 U.S. 108 (1963) U.S. Supreme Court Gallick v. Baltimore & Ohio R. Co., 372 U.S. 108 (1963) Gallick v. Baltimore & Ohio R. Co. No. 76 Argued December 10, 1962 Decided February 18, 1963 372 U.S. 108 CERTIORARI TO THE COURT OF APPEALS OF OHIO, CUYAHOGA COUNTY Syllabus While working on a railroad near a stagnant, vermin-infested pool of water, petitioner suffered an insect bite which became infected and ultimately resulted in the loss of both of his legs. He sued the railroad in a state court under the Federal Employers' Liability Act, alleging that the railroad was negligent in maintaining a stagnant pool that attracted vermin and insects. Upon a special verdict of the jury, the trial court entered judgment awarding damages to petitioner. The state appellate court reversed on the ground that proof of a causal connection between the negligence and damage fell short of that required for the consideration of a jury. Held: the state appel...
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