Legal Opinion

Houston & Texas Central Railroad v. Mayes

Supreme Court of the United States

Decided April 2, 1906No. 198PublishedCited by 70 opinions

ERROR TO THE COURT OF CIVIL APPEALS FOR THE- THIRD DISTRICT OF THE STATE OF .TEXAS. ' This was an action begun by Mayes in the District Court of Llano County, Texas, against the'Houston and Texas Central Railroad Company to recover a penalty of $475, by reason of defendant’s failure to furnish seventeen stock car's, applied for in writing by the plaintiff under the provisions of certain statutes of Texas hereinafter referred. to, for- the purpose of shipping plaintiff’s…

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ERROR TO THE COURT OF CIVIL APPEALS FOR THE- THIRD DISTRICT OF THE STATE OF .TEXAS. ' This was an action begun by Mayes in the District Court of Llano County, Texas, against the'Houston and Texas Central Railroad Company to recover a penalty of $475, by reason of defendant’s failure to furnish seventeen stock car's, applied for in writing by the plaintiff under the provisions of certain statutes of Texas hereinafter referred. to, for- the purpose of shipping plaintiff’s cattle from Llano, Texas, to Red Rock, Oklahoma,’ and for damages occasioned by defendant’s negligence. The petitioner-’…

1Opinion of the CourtJustice Brown

This case involves the constitutionality of certain articles of the. Revised-Statutes of Texas, set forth in the margin, 1 the material requirement of which is that when the shipper of freight shall make a requisition in writing for a number of cars to be furnished at any point indicated within a certain number of days from the receipt of the application, and shall deposit one-fourth of the freight with the agent of the company, the company failing to furnish them shall forfeit $25 per day for each car failed to be furnished, the only proviso being that the law “shall not apply in cases of…

2Cases cited6 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
  2. Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
  3. Gladson v. MinnesotaSupreme Court of the United States · 1897
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. IllinoisSupreme Court of the United States · 1900
  5. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Savage v. JonesSupreme Court of the United States · 1912
  2. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  3. Southern Railway Co. v. ReidSupreme Court of the United States · 1912
  4. McNeill v. Southern Railway Co.Supreme Court of the United States · 1906
  5. New Mexico Ex Rel. E. J. McLean & Co. v. Denver & Rio Grande RailroadSupreme Court of the United States · 1906

65 more not listed; retrieve them via the Exa API.

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