United States v. Northern Pac. Ry. Co.

I concur in the foregoing opinion, and would simply add that the question whether the judgment of the trial court was supported by the stipulated facts has been reviewed by this court pursuant to the rule established in the following eases: Wayne County v. Kennicott, 103 U. S. 554, 26 L. Ed. 486; Lehnen v. Dickson, 148 U. S. 71, 73, 13 S. Ct. 481 (37 L. Ed. 373); Mutual Life Ins. Co. of New York v. Kelly, 114 F. 268 (C. C. A. 8); Hipple v. Bates County, 223 F. 22 (C. C. A. 8); Kirkman v. Farmers’ Sav. Bank, 28 F.(2d) 857 (C. C. A. 8); Blair v. United States (C. C. A.) 241 F. 217, 230.