Peyton v. Railway Express Agency, Inc.,
316 U.S. 350 (1942)

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U.S. Supreme Court

Peyton v. Railway Express Agency, Inc., 316 U.S. 350 (1942)

Peyton v. Railway Express Agency, Inc.

No. 903

Submitted May 1, 1942

Decided May 25, 1942

316 U.S. 350


1. A suit against a single interstate carrier to recover damages resulting from a negligent failure to deliver a package shipped interstate by express is a suit arising under a law regulating commerce, viz., under the Carmack Amendment, as amended -- of which the District Court has jurisdiction irrespective of the amount involved. Jud.Code § 24(8). P. 316 U. S. 352.

2. Whether a suit arises under a law of the United States must appear from the plaintiff's pleading, not the defenses which may be interposed to, or be anticipated by, it. A pleading that adequately discloses a present controversy dependent for its outcome upon the construction of a federal statute satisfies this requirement. P. 316 U. S. 353.

14 F.2d 430 reversed.

Certiorari, 315 U.S. 793, to review a judgment sustaining a dismissal by the District Court for want of jurisdiction of an action against the express company for nondelivery.

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