Legal Opinion

Gimbel Bros. v. Barrett

District Court, E.D. Pennsylvania

Decided August 10, 1914No. 3140PublishedCited by 16 opinions

Action by Gimbel Bros., Incorporated, against William M. Barrett, as president of the Adams Express Company. On motion to dismiss for want of jurisdiction.

1Opinion of the Court

DICKINSON, District Judge.

The action in this case is brought under the Interstate Commerce Acts. The motion to dismiss is based upon the proposition that the court is without jurisdiction to entertain the action until the proper rates of charge, which are alleged to have been exceeded, have been first interpreted by the Interstate Commerce Commission. The acts of Congress, after setting forth the requirements of the law and imposing a liability upon carriers who are guilty of the acts declared to be unlawful, provide that any person claiming to be damaged may, make complaint to the Commission…

2Cases cited2 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Texas & Pacific Railway Co. v. American Tie & Timber Co.Supreme Court of the United States · 1914

3Cited by16 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. Pillsbury Flour Mills Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  3. Fletcher Paper Co. v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1917
  4. National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917
  5. Payne v. White House Lumber Co.Court of Appeals of Texas · 1921

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