
Chesser v. General Dredging Co.
District Court, S.D. Florida · 1957-04-19 · cited 9×
The case involved a seaman suing his dredging company employer for maintenance and cure after injuring his back while working on a dredge in Tampa Bay. The court determined that the plaintiff was a seaman on a vessel engaged in navigation and thus entitled to maintenance and cure until reaching maximum medical improvement. It awarded him past due maintenance for periods of unemployment due to his injury, crediting amounts already paid, but declined to award future amounts upfront, allowing for future applications if needed. The reasoning relied on established maritime law principles requiring employers to provide care for injured seamen.
labor & employmenttorts & liability
United States v. Jones
District Court, S.D. Florida · 1952-11-25 · cited 8×
The case involved federal criminal charges under 18 U.S.C. § 242 against a Florida state prison camp captain for allegedly whipping two escaped convicts in his custody, in violation of their Fourteenth Amendment rights to due process and freedom from illegal summary punishment. The district court dismissed the information for lack of jurisdiction, holding that the allegations did not state a federal offense. The court reasoned that the prisoners were state convicts serving felony sentences, that the regulation and discipline of state penal institutions (including corporal punishment if authorized by state law) is a power reserved exclusively to the states under the Constitution, and that the federal government has no supervisory authority to determine the reasonableness of such state practices.
criminal lawcivil rightsfederal power
Irrgang v. Fahs
District Court, S.D. Florida · 1950-11-21 · cited 8×
The case involved a taxpayer who sold a citrus grove with an unsevered crop of fruit on the trees as a single transaction for a lump sum and reported the entire gain as long-term capital gain from the sale of real property used in her farming business. The IRS allocated a portion of the gain to the growing fruit and taxed it as ordinary income, leading to a deficiency assessment that the taxpayer paid and then sued to recover. The court held that the full gain qualified for capital gain treatment under Section 117(j) of the Internal Revenue Code because the land and trees constituted real property used in the taxpayer's trade or business, held for more than six months, and were neither inventory nor property held primarily for sale to customers. The court reasoned that there had been no separate sale or severance of the crop, so the entire property sold met the statutory definition without any allocation of proceeds to ordinary income.
taxespropertybusiness & regulatory
Bruce's Juices, Inc. v. American Can Co.
District Court, S.D. Florida · 1949-09-24 · cited 14×
In this case, Bruce’s Juices, Inc., a Florida citrus juice cannery, sued American Can Co., the world’s largest can manufacturer, seeking damages under the Robinson-Patman Act for price discrimination in the sale of cans of like grade and quality. The plaintiff alleged that the defendant’s quantity discount schedule favored large competitors who could aggregate purchases across multiple plants to qualify for discounts up to 5%, while smaller buyers like the plaintiff received little or no discount. The court found that the defendant’s discount system violated the Act, as it was not justified by actual differences in the cost of sale and had an adverse effect on competition among juice packers selling in the same markets. The core reasoning was that the brackets and classifications were based primarily on dollar volume rather than demonstrable cost savings, resulting in 98% of customers receiving no discount while a few large buyers benefited.
business & regulatory
Wedekind v. McDonald
District Court, S.D. Florida · 1948-09-20 · cited 6×
This case involves two actions filed in Florida state court by plaintiffs injured in a car accident, seeking to hold a non-resident defendant liable for negligence in the operation of his vehicle. The defendant removed the cases to federal court and moved to dismiss the first count of each complaint, which alleged that the driver operated the vehicle with the defendant's knowledge and consent but did not claim the driver was the defendant's servant, employee, or agent. The court granted the motions to dismiss those counts, holding that Florida's non-resident motorist statute (Section 47.29) permits substituted service on the Secretary of State only when the vehicle is operated by the owner, his servant, employee, or agent, and must be strictly construed. The court rejected arguments that jurisdiction over the second counts (which alleged an employment relationship) extended to the first counts, and found that the defendant had not waived his jurisdictional objections through removal or other filings. The motions regarding the second counts were denied in part and granted in part as to striking certain portions.
proceduretorts & liability
Hirsch v. the San Pablo
District Court, S.D. Florida · 1948-07-27 · cited 11×
In Hirsch v. the San Pablo, the plaintiff advanced funds to purchase a sea-going dredge and sued in admiralty court seeking either sale of the vessel to recover the money or a decree transferring ownership, after the buyer failed to repay or assign interest as agreed. The court held that it lacked admiralty jurisdiction over the claims. The core reasoning was that the transaction involved only a change in vessel ownership rather than its use in navigation or maritime perils, so it neither created a maritime lien nor qualified as a preferred mortgage under the Ship Mortgage Act of 1920; admiralty also cannot enforce executory contracts for conveyance or equitable titles. The court dismissed the libel but allowed potential amendment under admiralty rules.
procedureproperty
The Odysseus III
District Court, S.D. Florida · 1948-04-03 · cited 12×
The case involved multiple claims for maritime liens against the motor vessel Odysseus III after it was seized and sold, with insufficient proceeds in the court registry to satisfy all claims for supplies, wages, repairs, advances, and general average. The court assessed the validity of each claim, finding some invalid (such as certain advances by a joint venturer) while upholding others for specific amounts in designated calendar years, and applied the calendar year rule to establish priority among valid liens. It further determined that the general average contribution ranked above materialmen's liens, ordering full payment of 1947 liens first, with the remaining funds applied to the general average claim and no distribution to 1945 or 1946 materialmen's liens.
propertyprocedure
Turner v. Keefe
District Court, S.D. Florida · 1943-04-16 · cited 4×
In Turner v. Keefe, a black teacher filed a class-action suit under the Federal Declaratory Judgment Act against Hillsborough County school officials, seeking a declaration and injunction to end a salary schedule that paid black teachers and principals less than white ones with equal qualifications and experience, on the ground that it violated the Equal Protection Clause of the Fourteenth Amendment. After the suit began, the board adopted a new schedule that rated all teachers in three classifications based on factors such as health, personality, scholarship, and instructional skill, with the ratings performed by a committee and an option for a national examination if a teacher disputed the result. The court held that the new schedule was fair on its face, applied uniformly without regard to race, and produced no unconstitutional discrimination, so no injunction was warranted and prior practices did not need to be resolved. Costs were allocated with most falling on the defendants and trial costs on the plaintiff.
civil rightslabor & employment
Tampa Times Co. v. Burnett
District Court, S.D. Florida · 1942-02-20 · cited 1×
This case involved a Florida radio station, WDAE, owned by the plaintiff corporation, seeking to prevent the county tax collector from imposing a state license tax on its broadcasting operations. The court found that the station operates exclusively in interstate commerce and falls under the exclusive federal regulation of the Communications Act of 1934, which preempts state authority. As a result, the court held that Florida laws attempting to tax the station are void and issued a permanent injunction barring the tax collector from collecting or attempting to collect any such license taxes.
federal powertaxesbusiness & regulatory
Southern Bell Telephone & Telegraph Co. v. Donnelly
District Court, S.D. Florida · 1940-09-03 · cited 5×
This case concerned Southern Bell Telephone & Telegraph Company's claims that Fred F. Donnelly, doing business as Florida Directory Company, infringed its copyrights by copying information from its published telephone directories for Jacksonville, Florida, and Mobile, Alabama, to produce criss-cross directories. The defendant defaulted by failing to appear or defend, leading the court to accept the plaintiff's allegations as proven facts, including that the directories were original copyrighted works and that the defendant had copied them. The court concluded that these actions constituted copyright infringement under federal law. It therefore entered a permanent injunction prohibiting further copying or distribution of the plaintiff's copyrighted material, ordered the destruction of the infringing books and related materials, and awarded the plaintiff $500 in damages plus costs.
propertybusiness & regulatory