Legal Opinion

Chicago, R. I. & P. Ry. Co. v. Swanger

U.S. Circuit Court for the District of Western Missouri

Decided January 31, 1908PublishedCited by 1 opinion

Injunction by the Chicago, Rock Island & Pacific Railway Company, and by six .other railway companies, against John Swanger, as Secretary of State of the state of Missouri, and others, to restrain defendant, as Secretary of State, from enforcing Act Mo. March 13, 1907, Laws 1907, p. 174.

1Opinion of the Court

SMITH McPHERSON, District Judge.

All these cases present the same question* and are alike in fact, except with reference to one company which came in the state after 1901, a matter not controlling the decision herein. Subject to that statement, all the companies, either by purchase or construction, between the years 1870 and 1891, became the owners of a line of railroad into and across the state, at an expenditure of many millions of dollars, doing both a state and interstate business. By an act of the Legislature of the year 1870 (Laws 1870, p. 89) it was provided that two or more roads could…

2Cases cited26 opinions

  1. Fitts v. McGheeSupreme Court of the United States · 1899
  2. Bement v. National Harrow Co.Supreme Court of the United States · 1902
  3. Nicol v. AmesSupreme Court of the United States · 1899
  4. Doyle v. Continental InsuranceSupreme Court of the United States · 1877
  5. Missouri, Kansas & Texas Railway Co. v. Missouri Railroad & Warehouse CommissionersSupreme Court of the United States · 1901

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3Cited by1 opinion

  1. St. Louis & S. F. R. v. CrossU.S. Circuit Court for the District of Western Oklahoma · 1909

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