United States Supreme Court Cases & Opinions

U.S. Supreme Court

Davis v. Newton Coal Co., 267 U.S. 292 (1925)

Davis v. Newton Coal Company

Nos. 709 and 710

Argued January 12, 1925

Decided March 2, 1925

267 U.S. 292

Syllabus

1. While coal which plaintiff had purchased through contracts with producers was in course of transportation over railroads then under federal control, it was commandeered by the Director General of

Page 267 U. S. 293

Railroads, acting under orders of the Fuel Administrator, for use in operating the railroads, and he paid the producer the price fixed by the Fuel Administrator, which were the same a the prices named in plaintiffs' contracts.

Held:

(a) That the plaintiff was entitled to be paid the difference between prices thus paid to its vendors and the market value, which was higher. P. 267 U. S. 301.

(b) That, by § 206(a) of Transportation Act, 1920, actions therefor could be maintained in the state court against the agent designated by the President under that Act. P. 267 U. S. 301.

281 Pa.St. 74 affirmed.

Error to a judgment of the Supreme Court of Pennsylvania affirming recoveries from the Director General of Railroads, as agent under the Transportation Act, 1920, on account of coal seized and appropriated for operating railroads while under federal control.

Page 267 U. S. 298