Railway v. Joseph Burrus
| Decision Date | 21 May 1917 |
| Docket Number | NEVADA-CALIFORNIA-OREGON,No. 237,237 |
| Citation | 244 U.S. 103,37 S.Ct. 576,61 L.Ed. 1019 |
| Parties | RAILWAY, Plff. in Err., v. JOSEPH BURRUS |
| Court | U.S. Supreme Court |
Mr. James Glynn for plaintiff in error.
Messrs. Sardis Summerfield and John E. Raker for defendant in error.
This is an action for breach of a contract to furnish plaintiff(defendant in error) a special train to carry him from Reno, Nevada, to Doyle, California, where his son was ill, and to bring the two back from that place.The plaintiff got a judgment, and the only question before us is whether any rights of the defendant under the Act to Regulate Commerce have been infringed.The ground on which such an infraction is alleged is that the trial court, after the trail had been going on for more than a day, refused to allow the answer to be amended so as to set up that no tariff rate for special trains had been filed by the defendant and that therefore the contract was illegal.The defendant had mentioned the point at the beginning of the trial, but this was the first time that it was presented in proper form under the state practice, although some months had elapsed since the beginning of the suit, and demurrers and other defenses had been interposed without suggesting this one.The supreme court of the state declined to overrule the discretionary judgment of the court below.38 Nev. 156, L.R.A.——, ——, 145 Pac. 926, 8 N. C. C. A. 777.
Upon the question whether a claim of immunity under a statute of the United States has been asserted in the proper manner under the state system of pleading and practice 'the decision of the state court is binding upon this court, when it is clear, as it is in this case, that such decision is not rendered in a spirit of...
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