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Louisville & Nashville R. Co. v. Higdon, 234 U.S. 592 (1914)

Louisville & Nashville Railroad Company v. Higdon

No. 322

Submitted March 19, 1914

Decided June 22, 1914

234 U.S. 592


Attempts to inject federal questions into the record by filing amended pleadings after the case has been remanded by the appellate court come too late to lay the foundation for review by this Court, Mutual Life Insurance Co. v. Kirchoff, 169 U. S. 103, except so far as the appellate court gives consideration to, and passes upon, such questions when the case again comes before it. Miedreich v. Lauenstein, 232 U. S. 236.

In this case, held that defendant had not been deprived of federal rights because the state court had refused to allow him to file an amended pleading and relitigate a question already decided by setting up alleged violations of federal rights.

The state has full authority over shipments purely intrastate, and an averment that a service required at one point as to intrastate shipments might be required at other points in regard to interstate shipments only avers an indirect effect upon interstate commerce, and a defendant carrier denied leave to file an amended pleading to that effect is not deprived of rights secured by the commerce clause of the federal Constitution.

149 Ky. 321 affirmed.

The facts, which involve the validity under the due

process provision of the Fourteenth Amendment of the Constitution of the United States of a judgment of the state court for damages for refusal to transport coal between intrastate points, are stated in the opinion.

Page 234 U. S. 594

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