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George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918)
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George A. Fuller Co. v. Otis Elevator Company No. 128 Argued January 3, 1918 Decided January 14, 1918 245 U.S. 489
CERTIORARI TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
Petitioner, having paid the judgment affirmed in George A. Fuller Co. v. McCloskey, 228 U.S. 194, recovered indemnity from the respondent upon the ground that the latter, at the time of the accident, retained its control over the negligent servant. Held that, there being sufficient evidence upon that point to warrant the verdict, petitioner’s judgment should be affirmed. Held further that the adjudication in the former case did not estop the petitioner upon the issue of primary responsibility here presented, as it did not determine or involve that issue, and respondent had been dismissed from that case as codefendant before petitioner’s evidence therein was heard; and, further, that such adjudication, had it purported to include that issue, would not have the force of a precedent, since, in the present case, there was evidence, absent in the other, which makes it impossible to say as a matter of law that respondent did not retain control of the servant.
The writ of certiorari, when issued to the Court of Appeals of the District of Columbia, is not limited to cases in which final judgment has been entered, but only to cases in which the judgment when entered is final. Jud.Code, § 251. So held where the judgment of the Court of Appeals reversed the judgment of the Supreme Court of the District.
44 App.D.C. 287 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918) in 245 U.S. 489 245 U.S. 490. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1UIBGN1115WLIDK.
MLA: U.S. Supreme Court. "Syllabus." George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918), in 245 U.S. 489, page 245 U.S. 490. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1UIBGN1115WLIDK.
Harvard: U.S. Supreme Court, 'Syllabus' in George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918). cited in 1918, 245 U.S. 489, pp.245 U.S. 490. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1UIBGN1115WLIDK.
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