Louisville & Nashville Railroad v. F. W. Cook Brewing Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This suit started in a court of the State of Indiana and was removed by the defendant, now the appellant, to the Circuit 'Court of the United States. The, Brewing Company is an Indiana corporation, engaged in brewing beer at Evansville, Indiana, and sells its product in state and interstate trade.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This suit started in a court of the State of Indiana and was removed by the defendant, now the appellant, to the Circuit 'Court of the United States. The, Brewing Company is an Indiana corporation, engaged in brewing beer at Evansville, Indiana, and sells its product in state and interstate trade. The Railroad Company is á, Kentucky corporation, owning and operating a line of railway extending into many States, including Indiana and Kentucky. The complaint averred, that although prepayment of freight had been tendered and every…
1Opinion of the CourtJustice Lurton
1. The jurisdiction of This court to entertain an appeal in this case cannot be seriously controverted. The'jurisdiction of the Circuit Court was mot dependent alone upon diversity of citizenship-. There was involved not only the validity of the law of Kentucky as a regulation of inter-r state commerce, but a question as to -whether the. sole remedy in any such case was not by an application to the Interstate Commerce Commission. . .
2. The objection that there was an adequate remedy at law, assuming that the subject is one for any tribunal other than the Interstate Commerce Commission, comes…
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