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· 8/25/1913

Puget Sound Electric Ry. v. Lee

Citations

  • 207 F. 860
  • 1913 U.S. Dist. LEXIS 1361

Syllabus

<p>Judgment (§ 828*)—Res Judicata—Review of Obdeb of Raileoad Commission—Washington Statute.</p> <p>Laws Wash. 1909, c. 93, creating a public service commission with power to regulate railroad rates, which gives to a railroad company the' right to maintain a suit in the superior court to review any order of the-Commission, with the further right of appeal to the Supreme Court of' the state, is within the provisions of the state Constitution and provides for a full review by judicial tribunals which when exercised renders the-matter res judicata; and a railroad company, having availed itself of such remedy, cannot thereafter maintain a suit in a federal court to restrain the enforcement of an order which has been sustained by the state courts. In case conditions change after an order has been made-so as to render it unjust or unreasonable, the remedy is by a petition for rehearing before the Commission.</p> <p>[Ed. Note.—Eor other cases, see Judgment, Cent. Dig. §§ 150L-1509;. Dec. Dig. § 828.-]</p>

Judges: Neterer

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