El Paso & Southwestern R. Co. v. Eichel & Weikel

1913-01-13
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Headline: Railroad’s appeal dismissed after Court finds no federal claim was properly raised, leaving Texas judgment for contractors intact and blocking a federal review.

Holding: The Court held that the railroad did not specifically assert any federal constitutional or statutory right in the state courts, so this Court lacked jurisdiction and dismissed the writ of error, leaving the state judgment in place.

Real World Impact:
  • Leaves the Texas judgment for the contractors in place.
  • Dismisses the railroad’s federal appeal for lack of a specially claimed federal right.
  • Makes clear parties must assert federal rights in state court to seek Supreme Court review.
Topics: appeals to U.S. Supreme Court, contract disputes, territorial law, state court judgments

Summary

Background

A railroad company that owned a line in the old Territory of New Mexico hired two contractors to quarry, crush, and deliver crushed stone ballast. The written contract required the railroad to supply a crusher plant, coal, water, and cars, and included a clause saying the company’s engineer’s decision would be final. The contractors sued in Texas after problems producing the agreed amount, won damages at trial, and had that judgment affirmed by the Court of Civil Appeals.

Reasoning

The central question was whether the railroad had properly claimed a right under the Constitution or federal law in the state courts, which is necessary for this Court to review state judgments under the statute cited. The railroad argued the contract was governed by the law of New Mexico and relied on prior Supreme Court decisions to show the engineer’s award was binding. The Court examined the record and concluded the railroad had not

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