Abraham Benjamin Conger
Judge Conger no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Conger decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Conger distinguished federal legality from conduct that state law separately prohibited.
“It is my judgment that the United States cannot take advantage of acts, conduct or situations which are not legally offensive to it, although such acts, conduct and situations may be legally offensive to the State.”
He treated foreseeable natural forces as compatible with liability when negligent maintenance materially contributed to the injury.
“when an act of God combines or concurs with the negligence of the defendant to produce an injury, the defendant is liable if the injury would not have resulted but for his own negligent conduct or omission.”
Procedural preferences
Conger required regulatory language to identify the geographic district to which filing duties applied.
“There is nothing in the language itself or in the context that would throw any light upon or give any information with reference to what is meant, what territory is included, or what districts the Congress had in mind.”
When equitable relief risked abrupt disruption, he delayed its effective date to permit an orderly wind-down or merger.
“It is further ordered that this decree and judgment shall not take effect instanter, but that the same shall remain and be in abeyance for a period of one year from this date”
Cautions
Conger examined the employee's actual mission rather than relying only on the existence of official paperwork.
“The order which the Commanding Officer, Headquarters, Florida Military District, authorized to be issued on December 17, 1948, purporting to authorize use of an Army vehicle on a personal mission for Colonel Carlisle B. Cox, is illegal upon its face”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of the United States is, upon consideration, overruled and denied.”
“Let proper judgment be prepared in accordance with this memoranda, sustaining the claimant.”
“Plaintiff’s claim should accordingly be denied for this reason.”
“I am confident and certain that the plaintiff ought to recover, and I believe that a just and fair amount would be the sum of $15,000 and it is so ordered; and it is further ordered that the cost be charged against the defendant.”
“I conclude from what is' said above that the plaintiff is entitled to the injunction sought, and it will be so ordered in appropriate judgment hereto affixed.”
A historical record
Judge Conger no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.