Cairo, Truman & Southern Railroad v. United States

Court of Claims

Cairo, Truman & Southern Railroad v. United States

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

CourtUnited States Court of Claims

DecidedApril 30, 1923

DocketNo. B-235

StatusPublished

This text of 58 Ct. Cl. 336 (Cairo, Truman & Southern Railroad v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cairo, Truman & Southern Railroad v. United States, 58 Ct. Cl. 336, 1923 U.S. Ct. Cl. LEXIS 324 (cc 1923).

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Opinion

[338]*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 [339]*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.

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[338]*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 [339]*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.

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Bluebook (online)

58 Ct. Cl. 336, 1923 U.S. Ct. Cl. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cairo-truman-southern-railroad-v-united-states-cc-1923.