Davis v. Donovan
265 U.S. 257 (1924)

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U.S. Supreme Court

Davis v. Donovan, 265 U.S. 257 (1924)

Davis v. Donovan

No. 757

Argued April 10, 1924

Decided May 26, 1924

265 U.S. 257

Syllabus

1. Under § 10 of the Federal Control Act and General Order 5A, issued January 11, 1919, by the Director General of Railroads, the Director General was not made suable generally, as the operator of all railroads, but only with special reference to the particular transportation system or "carrier" out of whose operations the liability in question arose. Cf. Missouri Pacific R. Co. v. Ault,256 U. S. 554. P. 265 U. S. 263.

2. Therefore, an action against him for alleged negligence in the. operations of one carrier cannot be maintained by proof of negligence in the operations of another carrier, both under his control. Id.

294 F. 525 reversed.

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court for the present respondent in a libel brought by him against the Director General of Railroads to recover damages for injury to a vessel resulting from a collision.

Page 265 U. S. 261

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