The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 14
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r 250.FEDERAL REPORTER .<
ance by him of kuch a trust. This action is expressly authorized by sec-
tion 12, which is: . ... .1
"That all things necessary to carry into effect the provisions of this act not
otherwise herein specifically provided for shall be done under the authority
and direction of the Secretary of the Interior."
 There remains' for 'our consideratiori the determination of the
trial court that the government was without authority to maintain
an injunction to restrain the La Mottes from leasing or grazing land
leased by the allottee to H. G. Ezell. The facts are that Ezell is the
valid lessee under the approval of the Secretary; that he has paid the
full consideration therein required to the allottee; that the La Mottes
have not attempted to lease such premises; that their lessees of other
adjacent lands owned or controlled by them permit cattle to pass on
and graze the unfenced leasehold held by Ezell.' Such trespass does
not injure the freehold noi' affect the allottee lessor. The wrong is to
Ezell alone and he has a legal remedy and he alone. The government
is not concerned in and has no authority' to protect such interest of
There is a clear ground of equitable interference'by the govern-
ment stated in the bill in that leases made contrary to.the statute cast
clouds upon the title which the government holds in trust for the
The order is that the decree be modified in accordance with the terms
of this opinion, and, as thus modified, affirmed. The costs in the court
below to be assessed against the La Mottes.
DELAWARE, L. & W, R. CO. v: TOMASCO.
(Circuit Court of Appeals, Second Circuit. January 15, 1919.)
1. MASTEB AND SERVANT <=D220(7)-INJ By--AssurPTION OF RIS.
An interstate commerce employS, 'of experience, who after refusal of
' light, and without assurance of safety or a light forthcoming in a rea-
sonable time, continues in the dark at thb work of removing a metal plat-
form from where it had been used as passageway between freight cars on
parallel trucks, must be held to have assumed the risk.
2. MasTER AND SEaVANT =204(1)---AssuPTION or RISK--EMPLOYEBB' LIA-
It is only risk of employment from violation by the master of a federal
statute that under Employers' Liability Act, 5 4 (COomp. St. 1 8660), the
employee may not be held to assume.
In Error to the District Court of the United States for the West-
ern District of New York.
Action by Michael Tomasco against the Delaware, Lackawanna &
Western Railroad Company for personal injuries. Verdict and judg-
ment for plaintiff, and defendant brings error., Reversed.
QurFor other cases see same toplo & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/28/: accessed January 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.