National Pole Co. v. Chicago & N. W. Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Action by the National Pole Company against the Chicago & Northwestern Railway Company. Judgment (200 Fed. 185) for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Action by the National Pole Company against the Chicago & Northwestern Railway Company. Judgment (200 Fed. 185) for defendant, and plaintiff brings error. Plaintiff in error, plaintiff below, alleged in its complaint that plaintiff and its assignors made shipments of poles over defendant’s railroad from various initial points in Michigan to a concentration point, Escanaba, Mich.; that plaintiff and its assignors shipped the same poles in interstate commerce over defendant’s…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] I. Appellate jurisdiction. In passing on the merits the trial court decided sub silentio that it had jurisdiction as a federal court under section 9 of the Interstate Commerce Act to hear the complaint. As a question of merits the court held that the failure to aver that plaintiff’s grounds of complaint had first been submitted to and established by the Interstate Commerce Commission, made the complaint bad. If what was treated as a question of merits was in reality a question of jurisdiction of the court as a federal court, and if that was the only…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Mitchell Coal & Coke Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
- The Steamship JeffersonSupreme Court of the United States · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States Navigation Co. v. Cunard Steamship Co.Supreme Court of the United States · 1932
- Sears, Roebuck & Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1919
- National Harness Mfrs.' Ass'n v. Federal Trade CommissionCourt of Appeals for the Sixth Circuit · 1920
- United States Nav. Co. v. Cunard S. S. Co.Court of Appeals for the Second Circuit · 1931
- Keogh v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1921
10 more not listed; retrieve them via the Exa API.