Denver & Rio Grande Railroad v. United States
United States Court of Claims
The Reporters statement of the case: The averments of the amended petition to which defendants demur will be found sufficiently set forth in the opinion of the court. Plaintiff in its original petition declared upon rules 2, 4, and 5 of the Utah Car Service Association, which it stated to be “ so much as is material ” of those rules.
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The Reporters statement of the case: The averments of the amended petition to which defendants demur will be found sufficiently set forth in the opinion of the court. Plaintiff in its original petition declared upon rules 2, 4, and 5 of the Utah Car Service Association, which it stated to be “ so much as is material ” of those rules. Eule 8 was not set out and was not referred to in its presentation of its case to this court, nor in its defense before the Interstate Commerce Commission. The cause of action which it then presented was decided adversely to it by both this court and the…
1Opinion of the CourtBarNey, Judge
The question for decision in this case arises upon the demurrer of the defendants to the amended petition of the plaintiff. This suit was before this court once before upon a demurrer to the original petition, which was the same in substance as the amended petition, except that it was therein alleged that the question of demurrage involved had been presented to the Interstate Commerce Commission and a ruling against its allowance made; also said original petition did not set up rule 8, hereinafter quoted, as one of the rules applicable to the handling of freight on the plaintiff’s railway.…
2Cases cited9 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Berwind-White Coal Mining Co. v. Chicago & Erie RailroadSupreme Court of the United States · 1914
- United States v. BurnsSupreme Court of the United States · 1871
- District of Columbia v. BarnesSupreme Court of the United States · 1905
- Menasha Paper Co. v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1916
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