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ST. LOUIS, KANSAS CITY R. CO. V. WABASH R. CO., 217 U. S. 247 (1910)

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U.S. Supreme Court

St. Louis, Kansas City R. Co. v. Wabash R. Co., 217 U.S. 247 (1910)

St. Louis, Kansas City Railroad Company

v. Wabash Railroad Company and City of St. Louis

Nos. 57, 301

Argued December 9, 1909

Decided April 11, 1910

217 U.S. 247


Jurisdiction in case of an intervention is determined by that of the main case, and where the original foreclosure case was based solely upon diverse citizenship, an appeal from the judgment of the circuit court of appeals on a petition to enforce rights granted by a decree in an intervention in such foreclosure suit does not lie to this Court.

Where the circuit court of appeals remands a suit to the Circuit Court with instructions to enter a decree, the Circuit Court cannot, chanroblesvirtualawlibrary

Page 217 U. S. 248

without permission from the circuit court of appeals, introduce new questions into the litigation, and the unwarranted introduction of new questions cannot be made the basis of jurisdiction. The mere construction of a decree involves no challenge of its validity.

It is proper for this Court to grant certiorari where the questions involve the construction of a prior decree of a United States Circuit Court granting rights of use of railroad tracks and terminal facilities in a great city, and where not only the private interests of the railroad companies and of the shippers, but also the greater interests of the public, require such rights to be settled.

Where a decree gives to another company the equal use and benefit of the right of way of a railroad company in a terminal city on a basis of compensation and apportionment of expenses, with provision for modification in case of unexpected changes, it will be construed as applying to the terminal facilities and the connections with industrial establishments as the same naturally increase in a growing city, and not to the mere right of way as it existed when the decree was entered, and the Court has power to provide for the use of such increased facilities on a proportionately increased rental based on the increased valuation.

152 F.8d 9 modified.

The facts, which involve the construction of the decree of the circuit court in 29 F.5d 6, as affirmed by this Court in the case of Joy v. St. Louis, 138 U. S. 1, are stated in the opinion.

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