Legal Opinion

Metzger Motor Car Co. v. Parrott

Supreme Court of the United States

Decided April 6, 1914No. 309PublishedCited by 13 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The facts are stated in the opinion. Subd. 3 of § 10 of Act No. 318 of the Public Acts of 1909 of Michigan has been held to be in contravention of the Fourteenth Amendment by the court of last resort in Michigan; therefore the case at bar must be. considered as though this act had never been passed by the legislature.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The facts are stated in the opinion. Subd. 3 of § 10 of Act No. 318 of the Public Acts of 1909 of Michigan has been held to be in contravention of the Fourteenth Amendment by the court of last resort in Michigan; therefore the case at bar must be. considered as though this act had never been passed by the legislature. Barry v. Metzger Motor Car Co., 141 N. W. Rep. 529; Daugherty v. Thomas, 174 Michigan, 371, citing Camp v. Rogers, 44 Connecticut, 291; Ives v. Railway Co., 201 N. Y. 271; Ohio &c., Railroad…

1Opinion of the Court

Memorandum opinion by direction of the court, by

Mr. Chief Justice White.

This.action, brought in the state court to recover for personal injuries and other damages, was removed by the defendant to the Circuit Court of the United States on the ground of diverse citizenship, and there tried, resulting in a verdict and judgment for the plaintiff. Direct error is prosecuted to that court (now the District Court) because of the asserted repugnancy of the following statute of the State upon which the recovery was based, to the due process clause of the Fourteenth Amendment :

“The owner of a motor…

2Cases cited1 opinion

  1. Johnson v. SergeantMichigan Supreme Court · 1912

3Cited by13 opinions

  1. Bell v. MarylandSupreme Court of the United States · 1964
  2. De Rodulfa v. United StatesCourt of Appeals for the D.C. Circuit · 1972
  3. Woods Bros. Const. Co. v. Yankton County, SDCourt of Appeals for the Eighth Circuit · 1931
  4. Bowers v. KellerSupreme Court of Georgia · 1938
  5. San Francisco Shopping News Co. v. City of South San FranciscoCourt of Appeals for the Ninth Circuit · 1934

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