Summary

Portrait of James Clark McReynolds James Clark McReynolds Davis v. Donovan — Opinion of the Court

General Order 50a of the Director General, issued January 11, 1919, directs that actions at law, suits in equity, or proceedings in admiralty growing out of operation of any system of transportation which might have been brought against the carrier, but for federal control, shall be brought against the Director General, and not otherwise; that service of process may be made upon officials operating a railroad for the Director General as formerly permitted in actions against the road
Source: Wikisource

Portrait of James Clark McReynolds James Clark McReynolds Davis v. Donovan — Opinion of the Court

In such circumstances, under the statute and orders, we think the court could adjudge no liability against him, except such as might have been enforced against the New York, New Haven & Hartford Railroad Company before federal control. Under those conditions the United States consented to be proceeded against. One reason therefor, if any is necessary, seems plain enough. Every system was operated as an entity
Source: Wikisource

Portrait of James Clark McReynolds James Clark McReynolds Davis v. Donovan — Opinion of the Court

Ct. 593, 65 L. Ed. 1087, and it was there pointed out that while the transportation systems were controlled and administered by the United States they were treated as separate entities, 'regarded much as ships are regarded in admiralty,' and 'dealt with as active responsible parties answerable for their own wrongs.'
As well pointed out in Manbar Coal Co. v.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature