Legal Opinion

City of San Juan v. St. John's Gas Co.

Supreme Court of the United States

Decided December 12, 1904No. 41PublishedCited by 29 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF PORTO RICO. The gas company, defendant in error, an English corporation, sued the city of San .Juan, the plaintiff in error, to recover $14,600.60, alleged to be due for services in lighting 485 street lamps from November, 1899, to September 16, 1900. Annexed to the petition was an account showing the items from which the balance resulted.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF PORTO RICO. The gas company, defendant in error, an English corporation, sued the city of San .Juan, the plaintiff in error, to recover $14,600.60, alleged to be due for services in lighting 485 street lamps from November, 1899, to September 16, 1900. Annexed to the petition was an account showing the items from which the balance resulted. The city generally denied, and pleaded that under the contract for lighting it had at Various times imposed fines upon the company for neglect of its contract duty, which fines were a…

1Opinion of the CourtJustice White

In order to come to the principal controversy covered by the assignments of error we dispose of certain contentions which we deem of minor importance. We think the court was right in instructing the jury that it must disregard the items as to fines charged by the city against the gas company, because no proof was offered' on the subject. Whilst it is true, as asserted in the argument, that some reference was made to such fines in the testimony of one or more of the witnesses, such reference in no sense tended to establish that the fines had been legally imposed. As to the assignment of error…

2Cases cited8 opinions

  1. Willard v. TayloeSupreme Court of the United States · 1870
  2. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  3. Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
  4. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  5. Very v. LevySupreme Court of the United States · 1852

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Nigro v. United StatesCourt of Appeals for the Eighth Circuit · 1941
  2. Simms Oil Co. v. American Refining Co.Texas Commission of Appeals · 1926
  3. López Delgado v. South Porto Rico Sugar Co.Supreme Court of Puerto Rico · 1943
  4. Blair v. DurhamCourt of Appeals for the Sixth Circuit · 1943
  5. Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929

24 more not listed; retrieve them via the Exa API.

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