Joseph McKenna

“ If the property came into the hands of defendant for the purpose of transportation, it did so as to each and every count of the complaint under the terms and conditions of a certain bill of lading issued to plaintiff by the initial carrier of the property, pursuant to the provisions of the Interstate Commerce Act, constituting an express agreement whereby the defendant was to be relieved from any and all liability for damage to the property resulting from delay in transportation and delivery if the delay was caused by (a) a strike or strikes among defendant's employees ”

“ A motion is made to dismiss on the ground that no Federal question appears in the record, or alternatively, if one appears, it is without merit. In support of the contentions it is said the questions in the case are (1) whether, it being stipulated that plaintiff was the holder of the bills of lading, it was the owner of the melons at the time the shipments were made; (2) whether there was any evidence of negligence of defendant which should have been submitted to the jury; and (3) whether plaintiff was entitled to recover the freight paid by it. ”

“ We are not prepared to say that a contest of this view is frivolous, and the motion to dismiss is denied. Besides, it is contended that the shipments having been in interstate commerce, they are subject to and governed by the Interstate Commerce Act. ”