Tayabas Land Co. v. Manila R. Co., 250 U.S. 22 (1919)

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Tayabas Land Company v. Manila Railroad Company

No. 331

Argued April 25, 1919
Decided May 19, 1919
250 U.S. 22

ERROR TO THE SUPREME COURT

OF THE PHILIPPINE ISLANDS

Syllabus

Under §§ 246, 273, 496 and 497 of the Code of Civil Procedure of the Philippine Islands, the Supreme Court of the Islands may review the evidence touching the amount of an award reported by commissioners and accepted by the Court of First Instance in a condemnation case, and may find a different amount upon a preponderance of the evidence and modify the judgment accordingly if a motion for new trial has been made and exceptions taken as provided in the last-mentioned section. P. 24.

This Court will accept a construction placed by the Supreme Court of the Philippine Islands upon a local statute if not clearly erroneous, and will assume that that court duly considered and weighed the testimony and commissioners’ report on the facts. P. 27.

This Court cannot examine questions of fact in a case coming from the Philippine court on writ of error. Id.

32 Phil.Rep. 286 affirmed.

The case is stated in the opinion.