Legal Opinion

Bigby v. United States

Supreme Court of the United States

Decided February 23, 1903No. 111PublishedCited by 65 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. Bigby, the plaintiff in error, claimed in his petition to have been damaged to the extent of ten thousand dollars on account of certain personal' injuries received by him while entering an elevator placed by the United States in its court-house- and post-office building in the city of Brooklyn, and asked judgment for that sum against the Government.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. Bigby, the plaintiff in error, claimed in his petition to have been damaged to the extent of ten thousand dollars on account of certain personal' injuries received by him while entering an elevator placed by the United States in its court-house- and post-office building in the city of Brooklyn, and asked judgment for that sum against the Government. The petition was demurred to upon three grounds, namely, that the court had no jurisdiction of the person of the defendant, or of the subject of the action, and…

1Opinion of the CourtJustice HaelaN

This being an action against the United States, the authority of the Circuit Coui;t to take cognizance of it depends upon the construction of the above act of March 3, 1887. 24 Stat. 505.

By that act it is provided that the Court of Claims shall have jurisdiction to hear and determine “ all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department or upon any contract, expressed or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in…

2Cases cited11 opinions

  1. Schillinger v. United StatesSupreme Court of the United States · 1894
  2. Langford v. United StatesSupreme Court of the United States · 1880
  3. Robertson v. SichelSupreme Court of the United States · 1888
  4. United States v. JonesSupreme Court of the United States · 1889
  5. Gibbons v. United StatesSupreme Court of the United States · 1869

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3Cited by65 opinions

  1. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  2. Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
  3. United States v. North American Transportation & Trading Co.Supreme Court of the United States · 1920
  4. Tempel v. United StatesSupreme Court of the United States · 1918
  5. Ray B. Woodbury v. United StatesCourt of Appeals for the Ninth Circuit · 1963

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