Legal Opinion

Union Pacific Railroad v. Mason City & Fort Dodge Railroad

Supreme Court of the United States

Decided November 6, 1905No. 18PublishedCited by 117 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. On a bill filed by the Mason City and Fort Dodge Railroad Company, (hereinafter called the Mason City Company,) the Circuit Court of the United States for the District of Nebraska entered a decree, August 19, .1903, 124 Fed.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. On a bill filed by the Mason City and Fort Dodge Railroad Company, (hereinafter called the Mason City Company,) the Circuit Court of the United States for the District of Nebraska entered a decree, August 19, .1903, 124 Fed. Rep. 409, requiring the Únion Pacific Railroad' Company (hereinafter called the Union Pacific Company) to let the plaintiff into the joint use of the railroad-bridge between Omaha and Council Bluffs, and the approaches thereto. On appeal this decree Was affirmed by the Circuit Court of Appeals for the Eighth…

1Opinion of the CourtJustice Brewer

The Mason City Company .contends that its right to the use of the .bridge and approaches was determined by the decision of this court in Union Pacific Railway Company et al v. Chicago &c., Railway Company, 163 U. S. 564. And further, that if mistaken in this contention it has that right under the statutes of the United States, and by the terms of a contract between the Union Pacific Railroad Company, on the one hand,- and the city of Omaha and County of Douglass, Nebraska, oh the other. The case in 163 U. S. arose on two contracts, one between-the Union Pacific Railway Company and the…

2Cases cited4 opinions

  1. Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
  2. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  3. Railroad Companies v. SchutteSupreme Court of the United States · 1881
  4. Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892

3Cited by117 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Massachusetts v. United StatesSupreme Court of the United States · 1948
  3. United States v. Title Insurance & Trust Co.Supreme Court of the United States · 1924
  4. Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
  5. United States v. Union Pacific RailroadSupreme Court of the United States · 1912

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