Davis v. Newton Coal Co., 267 U.S. 292 (1925)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 267 U.S. 287, click here.

Davis v. Newton Coal Company

Nos. 709 and 710

Argued January 12, 1925
Decided March 2, 1925
267 U.S. 292

ERROR TO THE SUPREME COURT

OF THE STATE OF PENNSYLVANIA

Syllabus

1. While coal which plaintiff had purchased through contracts with producers was in course of transportation over railroads then under federal control, it was commandeered by the Director General of Railroads, acting under orders of the Fuel Administrator, for use in operating the railroads, and he paid the producer the price fixed by the Fuel Administrator, which were the same a the prices named in plaintiffs’ contracts.

Held:

(a) That the plaintiff was entitled to be paid the difference between prices thus paid to its vendors and the market value, which was higher. P. 301.

(b) That, by § 206(a) of Transportation Act, 1920, actions therefor could be maintained in the state court against the agent designated by the President under that Act. P. 301.

281 Pa.St. 74 affirmed.

Error to a judgment of the Supreme Court of Pennsylvania affirming recoveries from the Director General of Railroads, as agent under the Transportation Act, 1920, on account of coal seized and appropriated for operating railroads while under federal control.