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

[Commenter_XY]

Just to let you know, I make it a point to read your summaries every morning, with coffee. They're interesting historical nuggets. Thx for staying with this. It cannot be easy, and I appreciate the effort.

[Dan Schiavetta]

It's very gratifying when someone says that. Thanks!

[Commenter_XY]

I know there is a lot of heated back and forth, captcrisis. That doesn't stop me from recognizing a worthy effort.

[The Margrave of Azilia]

This sounds like “Sucks to be You or Your Family Day” for dead workers.

I seem to recall that under Earl Warren, the court took some opportunities to rule for injured workers – overruling lower courts – even if no broad federal issue was involved. Thus cheesing off Frankfurter.

[Mark Regan]

Switchman's sleepin', train Hundred and Two
Is on the wrong track and headed for you.

[Dan Schiavetta]

https://youtu.be/5adXFIkadx8

Shel Silverstein, "The Wreck of the Old '49"

[Dilan Esper]

The Miller case may have some relevance to modern regulations against "almond milk" and such.

[Noscitur a sociis]

How do you figure?

[Syd Henderson]

So the only victims to win today were the nut margarine manufacturers.

[Dr. Ed 2]

And the whales -- oleomargarine was made from whale oil.

[Chesterton Orwell]

How come Rutledge has a positively 20th (or even 21st) century style hairdo? How come no sideways bouffant?

[Dan Schiavetta]

It's actually a very convincing toupee.

[Dan Schiavetta]

thanks!

Maybe it had that restriction because otherwise it would be regulating interstate commerce in violation of the "Dormant Commerce Clause".

[Noscitur a sociis]

Based on the Montana opinions, it appears that:

1. The territorial government passed a statute that allowed the formation of railroad corporations; and
2. One section of that statute modified the common law liability rule.

So just kind of an accident of legislative history, rather than any specific policy choice, as far as I can tell.

[The Margrave of Azilia]

The difference is that some called Rutledge crazy, whereas Palpatine was perfectly sane and reasonable.