Timken Roller Bearing Co. v. Pennsylvania R. Co.,
274 U.S. 181 (1927)

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U.S. Supreme Court

Timken Roller Bearing Co. v. Pennsylvania R. Co., 274 U.S. 181 (1927)

Timken Roller Bearing Company v. Pennsylvania Railroad Company

Nos. 168, 178

Argued February 25, 1927

Decided April 18, 1927

274 U.S. 181


1. An action against a railroad for the value of switching service performed by a shipper who did so at the railroad's request during a railroad strike and also paid the railroad tariff charges covering the same service is within the jurisdiction of the district court

Page 274 U. S. 182

where diversity of citizenship and jurisdictional amount are present, and the question whether an administrative decision by the Interstate Commerce Commission is prerequisite to the plaintiff's cause of action, is a question of the merits. P 274 U. S. 185.

2. Under Jud.Code § 238, a judgment of the district court dismissing a case within its power to decide, upon a decision of the merits, was not reviewable directly by this Court though erroneously styled a dismissal "for want of jurisdiction." P. 274 U. S. 185.

3. By the Act of September 14, 1922 (repealed by Act of February 13, 1925) a writ of error from this Court to the district court was transferrable to the circuit court of appeals when erroneously allowed under Jud.Code § 238 to a judgment of dismissal on the merits properly reviewable in the latter court. P. 274 U. S. 186.

4. The provision of the Act of February 13, 1925, § 14, that it shall not affect cases "pending in the Supreme Court" on its effective date (three months from its approval) applies to a case erroneously lodged in this Court under Jud.Code § 238, which should have gone to the circuit court of appeals, and imposes the duty of transferring it to that court under the Act of September 14, 192. P. 274 U. S. 187.

5. A writ of error from this Court, issued in due form by a judge having authority to issue such writs, followed by due execution of the writ and lodgment of the record here, is to be regarded as a case "pending" in this Court from the allowance and issuance of the writ, even though the writ was allowed and issued erroneously. P. 274 U. S. 188.

Actions to recover the value of switching service, brought in an Ohio state court and removed, on the ground of diversity of citizenship, to the district court, where they were dismissed for supposed want of jurisdiction. Orders made at this term dismissing the writs of error are now set aside, and the causes are transferred to the circuit court of appeals.

Page 274 U. S. 183

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