Western Fuel Co. v. Garcia, 257 U.S. 233 (1921)
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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.
Western Fuel Co. v. Garcia, 257 U.S. 233 (1921)
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Western Fuel Co. v. Garcia No. 28 Argued March 18, 1921 Restored to docket for reargument and writ of certiorari ordered to issue to bring up entire record and cause, March 21, 1921 Reargued October 7, 10, 1921 Decided December 5, 1921 257 U.S. 233
CERTIFICATE FROM AND CERTIORARI TO THE
CIRCUIT COURT OF APPEAL FOR THE NINTH CIRCUIT
Syllabus
1. No suit to recover damages for the death of a human being caused by negligence may be maintained in the admiralty courts of the United States under the general maritime law. P. 240.
2. But where death upon navigable waters follows from a maritime tort committed on navigable waters within a state whose statutes give a right of action on account of death by wrongful act, the admiralty courts will entertain a libel in personam for the damages sustained by those to whom such right is given. P. 242.
3. The state statutes of limitation are applicable to such proceedings in the federal courts. So held in a case where the injury and death occurred within the state where the libel was brought and whose statutes creating the cause of action and providing a limitation were applied. P. 242.
Judgment of district court reversed.
Certiorari to review a case pending in the circuit court of appeals on appeal from the district court in admiralty.
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Chicago: U.S. Supreme Court, "Syllabus," Western Fuel Co. v. Garcia, 257 U.S. 233 (1921) in 257 U.S. 233 257 U.S. 238. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZGZ774JCZC96Y1V.
MLA: U.S. Supreme Court. "Syllabus." Western Fuel Co. v. Garcia, 257 U.S. 233 (1921), in 257 U.S. 233, page 257 U.S. 238. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZGZ774JCZC96Y1V.
Harvard: U.S. Supreme Court, 'Syllabus' in Western Fuel Co. v. Garcia, 257 U.S. 233 (1921). cited in 1921, 257 U.S. 233, pp.257 U.S. 238. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZGZ774JCZC96Y1V.
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