Clement v. Louisville & N. R.

Citations

• 153 F. 979
• 1907 U.S. App. LEXIS 5142

Syllabus

<p>1. Damages — Pleading—Exemplary Damages.</p> <p>In a petition in an action against a carrier for refusal to deliver certain cars of lumber except on payment of charges alleged to be illegal, which places plaintiff’s actual damages at $200, a mere allegation that plaintiff is entitled to $2,000 punitive damages states no case for the recovery of such punitive damages.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 15, Damages, § 420.]</p> <p>2. Courts — Jurisdiction of Federal Courts — Amount in Controversy.</p> <p>In suits for damages, federal courts are required to take note of the fact, when it; is a fact, that the plaintiff cannot, under the allegations of his petition, possibly recover as much as $2,000, and the allegations as to the quantum of damages must in such case be regarded as merely color-able, and made solely for the purpose of stating a case apparently within the jurisdiction of the federal court as to amount.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 13, Courts, § 897.]</p> <p>3. Same — Federal Question — Action Under Interstate Commerce Law.</p> <p>An action by a shipper against a railroad company engaged in interstate commerce to recover damages because of an alleged discrimination in exacting a charge from one class of shippers, -which is not required from another class, although the service is the same in both cases, is not within the Jurisdiction of a federal court, as one arising under the Interstate commerce law, where it is not alleged that the charge is not in accordance with a schedule of rates duly published and filed with the ■Interstate Commerce Commission, nor that any application has been made to the Commission to correct such alleged discrimination.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, § 841.]</p>