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NEW YORK CENTRAL R. CO. V. NEW YORK & PA. CO., 271 U. S. 124 (1926)

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U.S. Supreme Court

New York Central R. Co. v. New York & Pa. Co., 271 U.S. 124 (1926)

New York Central Railroad Company v.

New York & Pennsylvania Company

No. 230

Argued April 13, 14, 1926

Decided April 26, 1926

271 U.S. 124


1. The provision of the Transportation Act, 1920, § 208a, forbidding reductions of rates during six months following termination of federal control unless approved by the Interstate Commerce Commission was applicable to intrastate rates, was valid as so applied, and included indirect reductions through reparation orders attempted by state authority. P. 271 U. S. 125.

2. Whether a federal right was lost by failure to comply with state procedure is open to reexamination by this Court on review of a state court's judgment. P. 271 U. S. 126.

3. The state court sustained on appeal an order of a Commission granting reparation in clear violation of the Transportation Act. Held that the railroad was entitled to relief in this Court on review of the judgment, although the state court based it on the ground that the railroad waived its right by not appealing from chanroblesvirtualawlibrary

Page 271 U. S. 125

an earlier order in which the Commission held the rate unreasonable and announced that, upon presentation of a petition with supporting data, it would grant reparation. P. 271 U. S. 126.

281 Pa. 257 reversed.

Certiorari to a judgment of the Supreme Court of Pennsylvania which affirmed a judgment enforcing an order of reparation granted by the Public Service Commission of Pennsylvania to the respondent against the railroad and based on alleged excess charges paid by the respondent for the transportation of coal. Writ of error dismissed and certiorari allowed.

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