Oliver v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Toward, W. Winfield; Judge; Action by R. PI. Oliver & Son and another against the Chicago, Rock Island & Pacific Railway Company. A demurrer to the complaint was sustained, and plaintiffs R. H. Oliver & Son have appealed. Act 193 of the Acts 1907 is entitled “An act to regulate freight transportation by railroad companies doing business in the State of Arkansas.”
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Appeal from Pulaski Circuit Court, Second Division; Toward, W. Winfield; Judge; Action by R. PI. Oliver & Son and another against the Chicago, Rock Island & Pacific Railway Company. A demurrer to the complaint was sustained, and plaintiffs R. H. Oliver & Son have appealed. Act 193 of the Acts 1907 is entitled “An act to regulate freight transportation by railroad companies doing business in the State of Arkansas.” Section 1 requires railroad companies to furnish cars within six days of the filing of an application therefore by shippers, and provides that, for a failure to comply with this…
1Opinion of the Court
N. W. Norton, Special Judge.
When disposed of in the lower court, the complaint stood as one for the recovery of the penalty of five dollars per day for failure to furnish cars, under act 193, approved April 19, 1907. To this complaint a demurrer was interposed. The record discloses that the purpose for which the cars were demanded was the transportation of wood from Galloway to Little Rock. It is conceded that the cars were wanted for intrastate business. It is also conceded by counsel that the legislation in question is unconstitutional and void with reference to interstate business. Upon…
2Cases cited15 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Little Rock & Fort Smith Ry. v. WorthenSupreme Court of Arkansas · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Scown v. CzarneckiIllinois Supreme Court · 1914
- State ex rel. Moose v. WoodruffSupreme Court of Arkansas · 1915
- Ex parte BylesSupreme Court of Arkansas · 1910
- Hardwick Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1910
- Allen v. LangstonSupreme Court of Arkansas · 1949
7 more not listed; retrieve them via the Exa API.