Chicago & North Western Ry. Co. v. Lindell, 281 U.S. 14 (1930)

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Chicago & North Western Railway Company v. Lindell

No.193
Argued January 23, 1930
Decided February 24, 1930
281 U.S. 14

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Where the state law permit adjustment of the defendant’s demand by counterclaim in the plaintiff’s action, its adjustment by that method, rather than by independent suit, is to be encouraged in the federal courts. Pp. 16-17.

2. The practice of determining claims of shippers for loss or damage in suits brought by carriers to collect the transportation charges is not repugnant to the rule of the Hepburn Act prohibiting the payment of such charges otherwise than in money. P. 17.

3. That Act ought not to be construed to put aside state laws and long established practice in respect of pleading in the absence of any plain intention of Congress to do so. P. 18.

Answer to a question certified by the circuit court of appeals upon review of a judgment of the district court allowing the loss suffered by the defendant through damage to an interstate shipment to be set off in an action by the carrier for the transportation charges.