Darnell v. Illinois Central R. Co.,
225 U.S. 243 (1912)

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U.S. Supreme Court

Darnell v. Illinois Central R. Co., 225 U.S. 243 (1912)

R. J. Darnell, Incorporated v. Illinois Central Railroad Company

No. 887

Submitted April 1, 1912

Decided June 7, 1912

225 U.S. 243


Under § 5 of the Act of 1891, the jurisdiction of the federal court as such must be involved. The direct writ will not lie if the question is one which might arise in court of general jurisdiction, such as insufficiency of the pleadings.

Under the Act of June 18, 1910, 36 Stat. 539, 554, c. 309, the state courts as well as the appropriate federal courts can take cognizance of a claim based on an award of reparation of the Interstate Commerce Commission.

Whether plaintiff's declaration in a case for reparation for excessive rates is sufficient without an averment of previous action by the Interstate Commerce Commission is a question which would arise in any court, state or federal, in which the case was brought, and does not go to the jurisdiction of the federal court as such; a direct writ of error therefore will not lie from this Court under § 5 of the Court of Appeals Act of 1891.

Writ of error from 190 F. 656 dismissed.

The facts, which involve the construction of § 5 of the Act of 1891 and direct appeals thereunder to this Court, are stated in the opinion.

Page 225 U. S. 244

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