Peyton v. Railway Express Agency, Inc.,
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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.
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.