United States Supreme Court Cases & Opinions

U.S. Supreme Court

Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924)

Peoria & Pekin Union Railway Company v. United States

No. 318

Argued November 20, 21, 1923

Decided January 7, 1924

263 U.S. 528

Syllabus

1. The authority conferred upon the Interstate Commerce Commission by the Transportation Act, 1920, to issue orders without notice or hearing, in certain classes of cases, if it finds that an emergency exists, does not sustain an order, so issued, requiring a terminal carrier to switch, by its own engines and over its own tracks, freight cars tendered by or for another connecting carrier. P. 263 U. S. 532.

2. The provision of the Act of October 22, 1913, that suit to set aside an order of the Commission shall be brought in the district of the residence of the party on whose petition the order was made relates to venue, not to jurisdiction of the subject matter, and objection that the suit is in another district will be waived if not made in the trial court. P. 263 U. S. 535.

3. In a suit of that kind wherein the district court overruled an objection by the United States to the venue, but refused a temporary injunction, and the plaintiff appealed, held that the right of the United States to insist upon its objection was lost by its failure to take a cross-appeal. Id.

Reversed.

Appeal from a decree of the district court refusing a temporary injunction in an action to set aside an order of the Interstate Commerce Commission.

Page 263 U. S. 530