Minneapolis, St.P. & S.S.M. Ry. Co. v. C.L. Merrick Co., 254 U.S. 376 (1920)

Minneapolis, St. Paul & Sault Ste. Marie


Railway Company v. C. L. Merrick Company
No. 16


Argued January 29, 1920
Decided December 20, 1920
254 U.S. 376

ERROR TO THE DISTRICT COURT, SIXTH JUDICIAL DISTRICT
OF THE STATE OF NORTH DAKOTA

Syllabus

A decree of this Court affirming "without prejudice" an injunctive decree of a state court upholding a statutory railroad rate against a charge of confiscation determines the adequacy of the rate for the period antedating the decree, and is not superseded by a decree in a subsequent suit holding the rate confiscatory upon new evidence developed by a further test. P. 377.

A federal question which has been specifically settled and is no longer an open one in this Court is not an adequate basis for a writ of error. Id.

Writ of error to review 35 N.D. 331 dismissed.

The case is stated in the opinion.