United States ex rel. Coffman v. Norfolk & W. Ry. Co.

Citations

• 114 F. 682
• 1902 U.S. App. LEXIS 4877

Syllabus

<p>1. Mandamus — Plea in Abatement.</p> <p>The pendency of another mandamus may he pleaded in abatement of a second mandamus proceeding instituted in the same jurisdiction, wherein the parties and the questions involved are the same.1</p> <p>2. Same — Identity of Controversy.</p> <p>Where a final judgment has been rendered in a former proceeding, but an appeal bas been taken, and such judgment suspended by a super-sedeas bond, and the pendency of such appeal is pleaded in abatement to a second mandamus proceeding, upon consideration of such plea the court is not confined to the pleadings in the former proceeding for the purpose of determining what the real issue therein was, but may look to the pleadings, the evidence, and the opinion of the court filed in support of, and as a part of, the judgment appealed from.</p> <p>8. Same — Interstate Commerce.</p> <p>O. instituted mandamus proceedings against the Norfolk & Western Railway Company et al. under an act of congress of March 2, 1889, alleging unjust discrimination against him, and in favor of O., C. & B. in the shipment of coal in interstate trade from the Pocahontas coal field, and procured an alternative writ commanding the railway company to furnish cars for the shipment of a specific cargo of coal. The railway company denied the allegations of the alternative writ, including the charge of unjust discrimination; and, by written stipulation, matters of law and fact were tried by the court. At the trial the railway company showed by the evidence that it had a system of car distribution, and that it furnished cars, under such system, uniformly to all shippers alike. The district judge found, as a matter of fact, that the system existed, and that it had been uniformly applied, and held, as matter of law, that such system was reasonable and lawful, and refused the peremptory, and discharged the alternative, writ of mandamus. The judge so finding filed a written opinion, as a part of the record, in support of his jud