Pacific Mail Steamship Co. v. Schmidt
Citations
- 241 U.S. 245
- 36 S. Ct. 581
- 60 L. Ed. 982
- 1916 U.S. LEXIS 1749
Syllabus
<p>Where the writ of certiorari was granted to review the question of law, and evidently would not have been granted simply to reopen the inquiry into the facts, this court will assume the lower courts were right where they agreed upon the construction of the facts even though otherwise it might hesitate to do so.</p> <p>This court will' not assume that Congress intended to- cut off an opportunity to revise doubtful questions of law and fact by imposing a penalty for reasonable delay in payment caused by an appeal based on sufficient cause.</p> <p>Under § 4529, Rev. Stat., as amended December 1,1898, a shipowner is not liable for the penalty for delay in payment of a seaman’s wages during the period between judgment in the District Corut and affirmance thereof by the Circuit Court of Appeals where, as in this case, there was reasonable cause for prosecuting the appeal.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when an appeal is taken on reasonable grounds, the penalty should not apply to delays in payment beyond the date on which the district court’s decree is entered, since those delays are supported by sufficient cause
- holding that when an appeal is taken on reasonable grounds, the penalty should not apply to delays in payment beyond the date on which the district court's decree is entered, since those delays are supported by sufficient cause
- finding penalty inapplicable where employer \had strong and reasonable ground for believing the statute ought not to be held to apply\
- finding penalty inapplicable where employer “had strong and reasonable ground for believing the statute ought not to be held to apply”
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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