Court of Claims, 1923

Cairo, Truman & Southern Railroad v. United States

Court of Claims · Decided April 30, 1923

58 Ct. Cl. 336; 1923 U.S. Ct. Cl. LEXIS 324

Counsel

Mr. Sidney F. Andrews, with whom was Mr. Assistant Attorney Generad Robert H. Lovett, for the demurrer. Messrs. Dwight E. Rorer and A. A. McLaughlin were on the briefs., Mr. S. S. Ashbaugh opposed. Mr. G. B. Webster was on the briefs.

Opinion of the Court

*338MEMORANDUM

BY THE COURT.

The court’s conclusion is based upon the considerations:

(1) That the jurisdiction of the Court of Claims in cases such as this is conferred by section 3 of the Federal control act, 40 Stat. 451. It provides for action by a board of *339referees and authorizes an agreement by the President with the carrier, and “ failing such agreement ” suit may be brought to determine the amount of just compensation. In the suit thus authorized the report of the referees is prima facie evidence of the amount of compensation and of the facts stated therein. The facts averred in the petition fail to show that the condition precedent contemplated by the statute has been complied with so as to bring the case within the jurisdiction of this court.

(2) That if the court have jurisdiction, the agreement, Exhibit A to the petition, concludes any rights the plaintiff might otherwise have.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.