John Hessin Clarke

“ The applicable venue provision of the Interstate Commerce Act does not require that the carrier shall be the owner of a railroad in the district, but only that its road must run through it, and we agree with the Circuit Court of Appeals in concluding that the tracks of the Alabama Company east of the river, in the district of suit, under the circumstances of operation as the parties stipulated them to be, constituted them the road of the Vicksburg Company within the meaning of the act. ”

“ The Vicksburg Company challenged the jurisdiction of the District Court by a plea in abatement, denying that it owned or operated a railroad in the district at the time or for many months before the petition was filed, and averred that the person on whom summons was served was not at the time its agent. ”

“ Since the shipment for which reparation was allowed moved prior to the taking over of the railroads by the United States government, as against the objection of government control, we think the provision of section 10 of the Federal Railroad Control Act (40 Stat. 451, 456 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 3/4 j] ) is applicable and ample to support the jurisdiction, viz., that 'actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law ”