Charles Evans Hughes

“ The statute was not concerned with mere forms of expression, and in view of the decision that a finding of the ultimate fact of the amount of damage is enough to give the order of the Commission effect as prima facie evidence, we think that the trial court did not err in its ruling. The statutory provision merely established a rule of evidence. It leaves every opportunity to the defendant to contest the claim. But when the Commission has found that there was damage to a specified extent, prima facie the damage is shown ”

“ During the years 1906 and 1907, Naylor & Company-a firm of which the plaintiff in error is surviving partner-were shippers of pyrites cinder over the lines of the defendants in error from Buffalo, New York, to points in Pennsylvania and New Jersey. ”

“ Exceptions having also been taken to the refusal of the request of the court to direct a verdict for the defendants, to the instruction given, and to the dismissal of the motion for judgment non obstante veredicto, proceedings in error were had before the circuit court of appeals, where the judgment was reversed, without directing a new trial. ”