Denver & Rio Grande Railroad v. United States
United States Court of Claims
The Reporter’s statement of the case: The grounds for the demurrer are stated in the opinion of the court. Without any idea that a question of jurisdiction would or could be raised, but merely to show that the claim had been presented to the proper department and payment refused, there was inserted in the petition Paragraph VII, as follows: “The petitioner duly presented to the said Eeclamation Servince its said claim for demurrage, but the officers of said Eeclamation…
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The Reporter’s statement of the case: The grounds for the demurrer are stated in the opinion of the court. Without any idea that a question of jurisdiction would or could be raised, but merely to show that the claim had been presented to the proper department and payment refused, there was inserted in the petition Paragraph VII, as follows: “The petitioner duly presented to the said Eeclamation Servince its said claim for demurrage, but the officers of said Eeclamation Service refused to pay the same, and thereafter the Secretary of the Interior filed with the Interstate Commerce Commission a…
1Per curiam
Whatever jurisdiction the Court of Claims has in the matter of a claim for demurrage by a railroad company against the United States must rest in the provisions of section 14o of the Judicial Code. Conceding the jurisdiction, if suit had originally been brought in this court that concession would not, in our view, be sufficient to sustain the petition in this case.
It appears that the Interstate Commerce Commission passed upon the question of the Government’s liability, 18 I. C. C. R., 7, in said matter, and rested their decision on the proposition that demurrage can be assessed only in…
2Cases cited1 opinion
- Louisville & N. R. v. United StatesDistrict Court, W.D. Virginia · 1914
3Cited by3 opinions
- United States v. JonesSupreme Court of the United States · 1949
- New Jersey & New York Railroad v. United StatesUnited States Court of Claims · 1934
- Denver & Rio Grande Railroad v. United StatesUnited States Court of Claims · 1918