Texas & Pacific Railway Co. v. Southern Pacifc Railway Co.
Supreme Court of Louisiana
APPEAL from tlie Civil District Court, Parish of Orleans. JMghtor, J. I. Availway “pool,” or an agreement between two or more competing railroad companies to divide between them their earnings from competitive tariff, is illegal, being injurious to tlie public interests and. contrary to public policy, and is, therefore, incapable of conferring upon the parties thereto any rights which a court of justice can recognize or enforce. 1. "Whatever is injurious to the interests of…
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APPEAL from tlie Civil District Court, Parish of Orleans. JMghtor, J. I. Availway “pool,” or an agreement between two or more competing railroad companies to divide between them their earnings from competitive tariff, is illegal, being injurious to tlie public interests and. contrary to public policy, and is, therefore, incapable of conferring upon the parties thereto any rights which a court of justice can recognize or enforce. 1. "Whatever is injurious to the interests of the public is contrary to public policy, illegal and null; a combination which has a tendency to destroy competition,…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
Plaintiff’s object is to enforce specific performance of one of the stipulations contained in a contract or agreement executed by the two corporations on tlie 26th of November, 1881, and modified or amended on tlie 18th of February, 1885. The agreement was entered into, on tlie one part by several railroad companies operating in the States of Texas and Louisiana, then controlled, and therein represented by Collis P. Huntington of the city of New York; and on the other part by several similar corporations, also operating in Texas and in…
2Cases cited2 opinions
- Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
- Craft v. McConoughyIllinois Supreme Court · 1875
3Cited by11 opinions
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
- Texas & Pacific Railway Co. v. Southern Pacific Co.Supreme Court of the United States · 1890
- Chicago, M. & St. P. Ry. Co. v. Wabash, St. L. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
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