Today in Supreme Court History: February 15, 1790

2/15/1790: Justice John Rutledge takes oath.

Justice John Rutledge

 

Comments

[Dan Schiavetta]

Oakes v. Mase, 165 U.S. 363 (decided February 15, 1897): vacating judgment for engineer's estate because negligence causing his death (a switch left open) was caused by conductor on another train who was a "fellow servant" (this was before the Federal Employers' Liability Act was passed in 1908); Montana had a statute allowing corporate liability for acts of fellow servants but Court is bound by Montana Supreme Court's ruling that statute violated state constitution

Missouri Pacific R.R. Co. v. David, 284 U.S. 460 (decided February 15, 1932): vacating judgment in FELA suit arising out of murder of night watchman by robbers; McReynolds holds that he assumed the risk, even though boss's informant knew robbery was coming (though he didn't inform boss) and watchman would have taken extra precautions if he'd known

Atchison, Topeka & Santa Fe R.R. Co. v. Saxon, 284 U.S. 458 (decided February 15, 1932): widow's suit against railroad properly dismissed; brakeman last seen running beside train and then fell under it without any witnesses, but jury could not infer from testimony of boy who saw depressed footprint in soft area that brakeman fell due to softness

United States v. Oklahoma Gas & Electric Co., 318 U.S. 206 (decided February 15, 1943): dismisses case brought by Native American to get telephone poles off her land; it was technically no longer a "reservation" because tribe had moved to Mexico and then come back, and issue was decided by state law, which allowed poles on highway even if put up by private corporation

Miller v. Standard Nut Margarine Co. of Florida, 284 U.S. 498 (decided February 15, 1932): IRS overstepped by classifying "nut margarine" as taxable oleomargarine; contained no animal fat

[The Margrave of Azilia]

"Miller v. Standard Nut Margarine Co. of Florida, 284 U.S. 498 (decided February 15, 1932): IRS overstepped by classifying “nut margarine” as taxable oleomargarine; contained no animal fat"

The court is leaving little margarine for error.

[Dan Schiavetta]

“Mmmm. . . nutty!”

(guess the movie reference)