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ST. LOUIS & SAN FRANCISCO R. CO. V. SHEPHERD, 240 U. S. 240 (1916)

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U.S. Supreme Court

St. Louis & San Francisco R. Co. v. Shepherd, 240 U.S. 240 (1916)

St. Louis and San Francisco Railroad Company v. Shepherd

No. 160

Submitted January 12, 1916

Decided February 21 , 1916

240 U.S. 240


A federal question which is first set up and asserted in a petition for rehearing in the highest court of the state which was not entertained but denied without passing upon the federal question is not open to consideration here.

In an action for damages for unreasonable delay in transporting a shipment of cattle in interstate commerce where the question in dispute was whether the transportation could have reasonably been completed within the thirty-six hours maximum limit under the federal statute, the court charged the jury that the carrier could not keep the stock in the cars longer than such period, and that, if it was not reasonably possible to complete the journey within that time, the carrier was not responsible for delay caused by unloading the stock for rest, water and feed, and, no exceptions having been reserved or modifications suggested, or other instructions requested, held that assignments of error based on failure to give due effect to tho federal statute are so devoid of merit as to be frivolous, and the writ of error should be dismissed.

Writ of error to review 40 Okl. 589 dismissed.

The facts, which involve the jurisdiction of this Court under § 237, Jud.Code, are stated in the opinion.

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