Legal Opinion

Southern Pacific Co. v. United States

United States Court of Claims

Decided March 24, 1913No. 23701Published

The Reporters’ statement of the ease: The following are the facts of the case as found by the court: I. The claimant, the Southern Pacific Co., is a corporation duly created, organized, and existing under and by virtue of the laws of the State of Kentucky, and was such corporation at the several times of performing all the services embraced in this suit; and now is, and during all the times hereinafter mentioned was, engaged as a common carrier, of both passengers and…

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The Reporters’ statement of the ease: The following are the facts of the case as found by the court: I. The claimant, the Southern Pacific Co., is a corporation duly created, organized, and existing under and by virtue of the laws of the State of Kentucky, and was such corporation at the several times of performing all the services embraced in this suit; and now is, and during all the times hereinafter mentioned was, engaged as a common carrier, of both passengers and freight, in operating, as lessee, the line of railroad from San Francisco, Cal., to Ogden, Utah., via Roseville Junction,…

1Opinion of the CourtBooth, J.

The Southern Pacific Co. operates as lessee a railroad line from San Francisco, Cal., via Roseville Junction, Cal., to Portland, Oreg., the complete distance between the termini being 771.49 miles. From San Francisco, Cal., to Roseville Junction it is 108.08 miles, leaving 663.46 miles between Rose-ville Junction and Portland, Oreg. The road from Roseville Junction to Portland is what is known as a free-haul road, having been originally constructed under the act of July 25, 1866 (14 Stat. L., 239), whereby in consideration of Govern*233ment aid Government property and troops were to be…

2Cases cited1 opinion

  1. Atchison, Topeka & Santa Fé Railroad v. United StatesUnited States Court of Claims · 1879

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