Legal Opinion

Ex Parte the Union Steamboat Company

Supreme Court of the United States

Decided May 28, 1900No. 12, OriginalPublishedCited by 51 opinions

ORIGINAL. This was a petition for a writ of mandamus to the District Court for the Eastern District of Michigan, commanding it to set aside a decree entered in the case of The New Yorlc, 175 U. S. 187, and enter a decree dividing the damages equally, so that petitioner would not be decreed to pay more than one half the total damages arising out of the collision between the New York and the Conemaugh, with interest thereon not exceeding five per cent per annum.

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ORIGINAL. This was a petition for a writ of mandamus to the District Court for the Eastern District of Michigan, commanding it to set aside a decree entered in the case of The New Yorlc, 175 U. S. 187, and enter a decree dividing the damages equally, so that petitioner would not be decreed to pay more than one half the total damages arising out of the collision between the New York and the Conemaugh, with interest thereon not exceeding five per cent per annum. Upon the opinion of this court in the case of The New Yorlc being filed, a mandate issued that the decree of the Court of Appeals be…

1Opinion of the CourtJustice Brown

Petitioner applies for this writ of mandamus upon the ground that the District Court refused to enter a decree in conformity with the .opinion of this court dividing the damages, but in effect entered a decree imposing upon the Union Steamboat Company, the petitioner, about seventy-six per cent of the damages occasioned by the collision.

The duty of an inferior court upon receiving the mandate of this court is nowhere better described than by Mr. Justice Baldwin in an early case upon that subject, Ex parte Sibbald v. United States, 12 Pet. 488, 492: “ Whatever,” said he, “ was before the…

2Cases cited21 opinions

  1. In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
  2. Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
  3. The ChattahoocheeSupreme Court of the United States · 1899
  4. In Re Pennsylvania Co.Supreme Court of the United States · 1890
  5. In Re PottsSupreme Court of the United States · 1897

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3Cited by51 opinions

  1. Briggs v. Pennsylvania RailroadSupreme Court of the United States · 1948
  2. Banco Nacional De Cuba v. FarrCourt of Appeals for the Second Circuit · 1967
  3. Kansas City Southern Railway Co. v. Guardian Trust Co.Supreme Court of the United States · 1930
  4. Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
  5. Erie Railroad v. Erie & Western Transportation Co.Supreme Court of the United States · 1907

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

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