Pennsylvania R. Co. v. Weber, 257 U.S. 85 (1921)

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Pennsylvania Railroad Company v. Weber

No. 210

Argued October 13, 1921
Decided November 7, 1921
257 U.S. 85

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. In an action to enforce reparation awarded a shipper by the Interstate Commerce Commission as damages resulting from unfair practices of the defendant carrier in the distribution of coal cars, the findings and order of the Commission are prima facie evidence of the facts therein stated. P. 90.

2. In such an action, the award, though its amount appear by the Commission’s own record to have been calculated upon an erroneous basis, (see s.c. 242 U.S. 89) may be sustained by evidence before the Commission, supplemented at the trial, tending to prove that damages equal to the award resulted from the unfair practices condemned by the Commission, as shown by its report. P. 91.

269 F. 111 affirmed.

Error to a judgment of the circuit court of appeals which affirmed a judgment for damages entered upon a verdict in the district court in an action to enforce a reparation order of the Interstate Commerce Commission. See s.c. 242 U.S. 89.