This is a list of cases reported in volume 210 of United States Reports, decided by the Supreme Court of the United States in 1908.

Justices of the Supreme Court at the time of volume 210 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 210 were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Melville Fuller Chief Justice Illinois Morrison Waite (41–20) –July 4, 1910(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Edward Douglass White Associate Justice Louisiana Samuel Blatchford (Acclamation) –December 18, 1910(Continued as chief justice) Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson (Acclamation) –October 24, 1909(Died) Joseph McKenna Associate Justice California Stephen Johnson Field (Acclamation) –January 5, 1925(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) William R. Day Associate Justice Ohio George Shiras Jr. (Acclamation) –November 13, 1922(Retired) William Henry Moody Associate Justice Massachusetts Henry Billings Brown (Acclamation) –November 20, 1910(Retired)

Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari.

Bluebook citation style is used for case names, citations, and jurisdictions. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "C.C.D." = United States Circuit Court for the District of . . . e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in volume 210 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Empire State Cattle Co. v. Atchison et al. R.R. Co. 1 (1908) White none none 8th Cir. affirmed St. Paul et al. R.R. Co. v. Donohue 21 (1908) White none none Minn. affirmed Gazlay v. Williams 41 (1908) Fuller none none 6th Cir. affirmed Quick Bear v. Leupp 50 (1908) Fuller none none D.C. Cir. affirmed Brown v. Fletcher's Estate 82 (1908) Brewer none none Mich. affirmed La Bourgogne 95 (1908) White none none 2d Cir. affirmed Farrell v. Lockhart 142 (1908) White none none Utah reversed Kealoha v. Castle 149 (1908) White none none Sup. Ct. Terr. Haw. affirmed Boston & M.R.R. Co. v. Gokey 155 (1908) Peckham none none 2d Cir. affirmed Sanderson v. United States 168 (1908) Peckham none none Ct. Cl. affirmed Cleveland et al. R.R. Co. v. Porter 177 (1908) McKenna none none Ind. App. affirmed Mobile et al. R.R. Co. v. Mississippi 187 (1908) McKenna none none Miss. affirmed Old Dominion et al. Co. v. Lewisohn 206 (1908) Holmes none none 2d Cir. affirmed Galveston et al. R.R. Co. v. Texas 217 (1908) Holmes none Harlan Tex. reversed Fauntleroy v. Lum 230 (1908) Holmes none White Miss. reversed In re Wood 246 (1908) Day none Brewer 8th Cir. certification City of St. Louis v. United Rys. Co. 266 (1908) Day none none C.C.E.D. Mo. reversed St. Louis et al. R.R. Co. v. Taylor 281 (1908) Moody none none Ark. reversed Municipality of Ponce v. Roman C.C. 296 (1908) Fuller none none P.R. affirmed Delmar Jockey Club v. Missouri 324 (1908) White none none Mo. dismissed Kansas City N.R.R. Co. v. Zimmerman 336 (1908) Holmes none none C.C.D. Kan. dismissed Bobbs-Merrill Co. v. Straus 339 (1908) Day none none 2d Cir. affirmed Scribner v. Straus 352 (1908) Day none none 2d Cir. affirmed Globe Newspaper Co. v. Walker 356 (1908) Day none none C.C.D. Mass. reversed Western Loan & Sav. Co. v. Butte & B.C.M. Co. 368 (1908) Day none none C.C.D. Mont. reversed Londoner v. City and County of Denver 373 (1908) Moody none none Colo. reversed Pierce v. Creecy 387 (1908) Moody none none C.C.E.D. Mo. affirmed Consolidated P.B. Co. v. Eastern P.B. Co. 405 (1908) McKenna none Harlan 1st Cir. affirmed

Notes and references

See also Certificate of division

External links Case reports in volume 210 from Library of Congress Case reports in volume 210 from Court Listener Case reports in volume 210 from the Caselaw Access Project of Harvard Law School Case reports in volume 210 from Google Scholar Case reports in volume 210 from Justia Case reports in volume 210 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society