United States Supreme Court Cases & Opinions

U.S. Supreme Court

Union Pacific Ry. Co. v. United States, 116 U.S. 154 (1885)

Union Pacific Railway Company v. United States

Argued December 7, 1885

Decided December 21, 1885

116 U.S. 154

Syllabus

There is nothing in Rev.Stat. § 5281, authorizing certain railroad companies to bring suits against the United States in the Court of Claims to recover the price of freight or transportation, which takes those suits out of the operation of the general rules of this Court regulating appeals from the Court of Claims, or which makes it proper for this Court to require the Court of Claims to send up with its findings of facts the evidence in regard to them.

When the Court of Claims, on being requested by a party in a cause there pending to find specifically upon several facts which are only incidental facts and amount only to evidence touching the main facts in issue, and the court disregards the requests and finds the facts at issue generally, and judgment is entered, and the party whose request was denied appeals, this Court will not remand the case to the Court of Claims with directions to specifically pass upon each of said requests or to make a finding of facts on the subject embraced in each of said requests.

This was a motion made in a case appealed from the Court of Claims to require that court to send up the evidence, or to specifically find on certain requests for findings made by one of the parties and not passed upon specifically and in detail by the court. The facts are stated in the opinion of the Court.

Page 116 U. S. 155