Legal Opinion

McCallum v. United States

Court of Appeals for the Ninth Circuit

Decided April 21, 1924No. 4130PublishedCited by 5 opinions

In Error to the District Court of the United States for the Southern Division of the Northern District of California; Geo. M. Bourquin and Wm. C. Van Fleet, Judges. Action by the United States against John H. McCallum and others, constituting the Board of State Harbor Commissioners of the State of California, operating the State Belt Railroad. From an adverse judgment (281 Fed. 834), defendants bring error.

1Opinion of the Court

GILBERT, Circuit Judge.

The United States, at the request of the Interstate Commerce Commission brought an action to recover from the defendants, the board of state harbor commissioners of -the state of California, penalties alleged to have been incurred by them for violations of the federal Safety Appliance Act of March 2, 1893, 27 Stat. 531 (Comp. St. §§ 8605-8612), and the amendments thereto, committed in the operation of the State Belt Railroad, a railroad traversing the San Francisco harbor front and belonging to the state. The defendants answered, denying the jurisdiction, in that the…

2Cases cited14 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
  3. Poindexter v. GreenhowSupreme Court of the United States · 1885
  4. Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
  5. Terminal Taxicab Co. v. KutzSupreme Court of the United States · 1916

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3Cited by5 opinions

  1. United States v. CaliforniaSupreme Court of the United States · 1936
  2. State Docks Commission v. BarnesSupreme Court of Alabama · 1932
  3. Heiser v. SeveryMontana Supreme Court · 1945
  4. Higginbotham v. Public Belt Railroad CommissionSupreme Court of Louisiana · 1938
  5. Tilden v. United StatesCourt of Appeals for the Ninth Circuit · 1927

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