E. E. Taenzer & Co. v. Chicago, R. I. & P. Ry. Co.

Citations

• 191 F. 543
• 112 C.C.A. 153
• 1911 U.S. App. LEXIS 4962

Syllabus

<p>1. Appeal and Error (§§ 1097, 1195*) — Decision as Law oe Case — Reversal.</p> <p>Every question of fact or law which was before a Circuit Court of Appeals upon a writ of error, and decided by Its opinion, is conclusively settled both for that court and the court below in further proceedings in the same action, and the finality of such decision is not affected by the fact that the judgment was one of reversal and direction of a new trial: but in such case the rule of conclusiveness is confined to questions actually discussed and decided by the opinion.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4358-4368, 4661-4.665; Dec. Dig. §§ 1097, 1195.*</p> <p>Finality of judgments and decrees for purposes of review, see notes to Brush Electric Co. v. Electric Imp. Co. of San Jose, 2 C. C. A. 379; Central Trust Co. v. Madden, 17 C. C. A. 238; Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R. Co., 28 C. C. A. 482.]</p> <p>2. Pleading (§ 8*) — Pleas—Sufficiency.</p> <p>Pleadings must state facts, and not mere conclusions of law, and a plea not conforming to this requirement should be stricken out on motion.</p> <p>[Ed. Noto. — For other cases, see Pleading, Cent. Dig. §§ 12-28%; Dec. Dig. § 8.*]</p> <p>3. Carriers (§ 35*) — Action by Shipper for Breach of Contract — Plead-JJNr 6.</p> <p>In an action by a shipper against a railroad company to recover damages for breach of a contract, a plea held sufficient, in connection with the contract set out in plaintiff’s declaration, to raise the defense that the contract was illegal, as giving plaintiff lower rates on interstate shipments than those fixed by the schedules filed and published by defendant as required by Interstate Commerce Act Feb. 4, 1887, c. 104, § 6, 24 Stat. 380, as amended by Act March 2, 1889, c. 382, § 1, 25 Stat. 855 (U. S. Comp. St. 1901, p. 3156).</p> <p>[Ed. Note. — For other cases, see Carriers, Dee. Dig. § 35.*]</p> <p>4. Carriers (§ 35*) — Contract with Shipper — Legality.</