Legal Opinion

Harbaugh v. Dwyer

Court of Appeals for the Ninth Circuit

Decided May 16, 1923No. 3946Published

1Opinion of the CourtRudkin, Circuit Judge

(after stating the facts as above). It was conceded before the master, and is now conceded, that the machines used by both parties to this suit were gambling devices (Dwyer v. Seattle, 116 Wash. 449, 199 Pac. 740), and it is further conceded that the owner or operator of a gambling device cannot recover damages by way of lost profits for interference with his unlawful enterprise. This rule is well settled. 17 C. J. 797; 13 Cyc. 59; 3 Sutherland on Damages, § 969; 1 Joyce on Damages, § 445; Raynor v. Valentin Blatz Brewing Co., 100 Wis. 414, 76 N. W. 343; Kauffman v. Babcock, 67 Tex. 241, 2 S.…

2Cases cited5 opinions

  1. Brooks v. MartinSupreme Court of the United States · 1864
  2. Kauffman & Runge v. BabcockTexas Supreme Court · 1887
  3. Young v. StevensonSupreme Court of Arkansas · 1905
  4. Raynor v. Valentin Blatz Brewing Co.Wisconsin Supreme Court · 1898
  5. Dwyer & Co. v. City of SeattleWashington Supreme Court · 1921

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