Davis v. Rochester Can Co.

Thompson, J.:

By agreement the parties submitted a controversy with reference to certain demurrage charges upon an interstate freight shipment, to the Interstate Commerce Commission. The Commission’s ruling was in favor of plaintiff, who brings this action on the award. Defendant resists the suit upon the grounds that this was an attempted common-law arbitration, and void because the Commission has no power to act as an arbitrator; did not take the oath required by law, and it failed to make and sign a formal award.

While consent of the parties will confer jurisdiction of the person upon the…