# Tilden v. United States

> Court of Appeals for the Ninth Circuit · October 17, 1927 · 21 F.2d 967

URL: https://www.frixlaw.com/law-library/cases/6835775

## Case

- **Full name:** TILDEN, California State Board of Harbor Com'rs v. UNITED STATES
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 17, 1927
- **Citations:** 21 F.2d 967; 1927 U.S. App. LEXIS 2807
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gilbert
- **Judges:** Gilbert
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6835775

## Opinion text

GILBERT, Circuit Judge.
In the court below the plaintiffs in error, who constitute the board of state harbor commissioners of California, were adjudged to pay a penalty of $100 for violation of section 2 of tb© *968 Safety Appliance Act, approved March 2, 1893, as amended by the Act of March 2,1903 (32 Stats. 943 [Comp. St. §§ 8606-8613-8615; 45 USCA §§2,8-10]).
The writ of error presents the questions which were before this court in MeCallum v. United States (C. C. A.) 298 F. 373 , 38 A. L. R. 1143, in which we held that such an action was not a. suit against the state of' California, that the State Belt Railroad, traversing the harbor front of San Francisco, and belonging to the state, was a common carrier engaged in interstate commerce, and that it was required to comply with the federal Safety Appliance Act. No authorities are now presented and no reasoning is advanced which require a reconsideration of the conclusion which was there reached.
The judgment is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6835775. Public record. Not legal advice.