Opinion

The Fullerton

  • 167 F. 1
  • 92 C.C.A. 463
  • 1908 U.S. App. LEXIS 4915
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 7, 1908
Status
Published
Author
Gilbert
On the bench
Gilbert, Morrow, Ross
Cited by
19 cases
Authority
More cited than 16.4%

construing the statement in a contract that “water is available to the property” as indicating that water was “obtainable at a reasonable cost ”

How later courts described this case

  • construing the statement in a contract that “water is available to the property” as indicating that water was “obtainable at a reasonable cost ”
  • defendant lost majority shareholder status shortly after 6 beginning of class period; placed designees on the Board, who signed the relevant documents; and 7 “used its control of [company] to cash out its investments . . . at enormous profits”
  • “Drummond is sufficiently similar to the specific 4 context of this case that it clearly warned officers that when a suspect is handcuffed and prone 5 on the ground, further restraint measures, if applied as alleged here, would be 6 unconstitutional.”

Written by the judges who cited it.

The opinion

GILBERT, Circuit Judge

(concurring). I agree that the decree should be affirmed on the grounds alleged and the facts proven as to the first cause of action. But in view of all the circumstances disclosed in1 the evidence, and the law applicable thereto as defined in the decision of the Supreme Court in The Iroquois, 194 U. S. 240 , 24 Sup. Ct. 640, 48 L. Ed. 955 , I am of opinion that the master of the Eullerton was not negligent in proceeding on the voyage instead of turning back by sail to Port Harford.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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