A. J. Phillips Co. v. Grand Trunk Western Ry. Co.

Citations

• 195 F. 12
• 115 C.C.A. 94
• 1912 U.S. App. LEXIS 1332

Syllabus

<p>1. Courts (§ 405*)-—Federal Courts—Jurisdiction.</p> <p>Where by demurrer to a declaration in a suit against certain carriers for reparation, defendants sought to raise the question whether it was necessary as a condition precedent to the jurisdiction of the Circuit Court that the declaration allege that an order had previously been made by the Interstate Commerce Commission finding that the particular freight rate in dispute was unreasonable, fixing the amount of plaintiff’s damages, and awarding reparation, such objection constituted a challenge on principles of general law concerning the right of the Circuit Court to entertain the action, and was not a challenge of the court’s jurisdiction as a federal court; the question whether the allegations touching such previous action of the interstate commerce commission were sufficient in law to entitle plaintiff to maintain his suit being one which the Circuit Court could rightfully consider and determine, and that the Circuit Court of Appeals can review.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 1097-1099, 1101, 1103; Dec. Dig. § 405.*]</p> <p>2. Courts (§ 405*)—Court to which Proceedings in Error Are Taken— Election.</p> <p>Where a demurrer to a declaration presented a question on the merits as well as one of jurisdiction, the defeated party may elect whether he will take his writ of error or appeal to the Supreme Court on the question of jurisdiction alone, or to the Circuit Court of Appeals on the whole ease.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 1097-1099, 11.01, 1103; Dec. Dig. § 405.*]</p> <p>3. Pleading (§ 216*)'—Judicial Decisions—Incorporation—Reference.</p> <p>Where a declaration against carriers for reparation after a freight rate had been declared excessive by the Interstate Commerce Commission did not in terms allege the particular rates that were passed on by the commission, but did set out the citations of the cases where the determination of the commission w.