United Zinc & Chemical Co. v. Britt
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS EOR THE EIGHTH CIRCUIT. Certiorari to .a judgment of the Circuit Court of Appeals, which affirmed a judgment against the above petitioner in an', action brought in the District Court for Kansas, by the above respondents, to- recover damages for the death of their two children. See Kans.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS EOR THE EIGHTH CIRCUIT. Certiorari to .a judgment of the Circuit Court of Appeals, which affirmed a judgment against the above petitioner in an', action brought in the District Court for Kansas, by the above respondents, to- recover damages for the death of their two children. See Kans. Gen. Stats., 1915, §§ 7323, 7324. .The maxim sic utere tuo is not a principié of use in the solution of difficult legal questions but a moral precept, which “ teaches nothing but a benevolent yearning.” Holmes, J., in 8 Harv. Law Rev. 3; Terry, Lead. Prin. Anglo-Amer.…
1Opinion of the CourtJustice Holmes
This is a suit brought by the respondents against the petitioner to recover for the death of two children, sons of the respondents. The facts that for the purposes of decision we shall assume to have been proved are these. The petitioner owned a tract of about twenty acres in the outskirts of the town of Iola, Kansas. Formerly it had there a plant, for the making of sulphuric acid and zinc spelter! In 1910 it tore the building down but left a basement and cellar, in which in July, 1916, water was accumulated, clear in appearance but in fact dangerously poisoned by sulphuric acid and zinc…
Also in this document: Dissent.
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Heller v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1920
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3Cited by165 opinions
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- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
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