Pennsylvania R. Co. v. Keystone Elevator & Warehouse Co., 237 U.S. 432 (1915)

Pennsylvania Railroad Company v.


Keystone Elevator & Warehouse Company
No. 683


Argued April 24, 1915
Decided May 10, 1915
237 U.S. 432

ERROR TO THE SUPREME COURT
OF THE STATE OF PENNSYLVANIA

Syllabus

In a suit against a carrier for services for handling grain through plaintiff’s elevators, the referee rejected evidence as to the ownership of almost the entire stock of the elevator company by a member of the firm which shipped the grain, and also an opinion of the Interstate Commerce Commission of later date than the services rendered.

Held: that, as the offer of evidence did not bring in the Act to Regulate Commerce and allege that the plaintiff was merely acting as a tool for the shipper to obtain rebates, the action was merely one for services, and, no federal question being involved this Court has no jurisdiction under 237, Judicial Code, to review the judgment of the state court.

Writ of error to review 246 Pa.St. 336 dismissed.

The facts, which involve the jurisdiction of this Court to review judgments of the state court under § 237, Judicial Code, are stated in the opinion.