Legal Opinion

Southern Ry. Co. v. St. Louis Hay & Grain Co.

Court of Appeals for the Seventh Circuit

Decided April 16, 1907No. 1,329PublishedCited by 3 opinions

Ill Error to the Circuit Court of the United States for the Eastern District of Illinois. Defendant in error began this action at law under section l(i of the act to regulate commerce (Act Feb. .4, 1887, c. 104, 24 Stat. 384, amended by Act March 2, 1889, e. 382, § 5, 25 Stat. 859 ¡II. S. Comp. St. 1901, p. 31651), by filing a petition to recover judgment against plaintiff in error for the amount of a reparation awarded by the Interstate Commerce Commission.

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Ill Error to the Circuit Court of the United States for the Eastern District of Illinois. Defendant in error began this action at law under section l(i of the act to regulate commerce (Act Feb. .4, 1887, c. 104, 24 Stat. 384, amended by Act March 2, 1889, e. 382, § 5, 25 Stat. 859 ¡II. S. Comp. St. 1901, p. 31651), by filing a petition to recover judgment against plaintiff in error for the amount of a reparation awarded by the Interstate Commerce Commission. A jury having been duly waived, the court heard the evidence, made a special finding of facts, and entered judgment for the amount of…

1Opinion of the CourtBaker, Circuit Judge

Of the 10 assignments of error the majority present nothing for our consideration. Many of them are addressed to the refusal of the court to “hold” certain “propositions of law” which were submitted to the court in writing by plaintiff in error, as though the court as judge were required to give instructions to the court as jury. Streeter v. Sanitary District, 133 Fed. 124, 66 C. C. A. 190. Other assignments are based on the court’s declining to entertain certain proposed findings of fact submitted in writing. Parties have no right to require a federal court, in hearing a law case without a…

2Cases cited2 opinions

  1. Western New York & P. R. Co. v. Penn Refining Co.Court of Appeals for the Third Circuit · 1905
  2. Streeter v. Sanitary Dist. of ChicagoCourt of Appeals for the Seventh Circuit · 1904

3Cited by3 opinions

  1. Chicago, B. & Q. R. v. FeintuchCourt of Appeals for the Ninth Circuit · 1911
  2. Missouri Pac. Ry. Co. v. C. E. Ferguson Sawmill Co.Court of Appeals for the Eighth Circuit · 1916
  3. St. Joseph Loan & Trust Co. v. Studebaker Corp.Court of Appeals for the Seventh Circuit · 1933

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