Legal Opinion

Grand Rapids & Indiana Railway Co. v. Osborn

Supreme Court of the United States

Decided February 23, 1904No. 61PublishedCited by 67 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is a writ of error to review a judgment of the Supreme Court of the State of Michigan, which affirmed an order of the Circuit Court of Kent County, Michigan, awarding a peremptory writ of mandamus.

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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is a writ of error to review a judgment of the Supreme Court of the State of Michigan, which affirmed an order of the Circuit Court of Kent County, Michigan, awarding a peremptory writ of mandamus. By the writ the plaintiff in error was, in effect, commanded to reduce its rates for the transportation of passengers over its lines of railroad from three cents per mile to two and one-half cents per mile, as required by an act of the legislature of Michigan known as Act 202 of the session óf 1889-, The Grand Eapids and Indiana Eailroad…

1Opinion of the Court

Mr. Justice ~White,

after making the foregoing statement, delivered the opinion of the court.

A jurisdictional question which was raised by the defendant in error requires first to be disposed of. It was objected, that the judgment of the Supreme Court of Michigan in the. case- at bar was not based upon a Federal question, and hence this court is, it is urged, without jurisdiction to entertain this writ" of error. The objection, however, is not well founded. It is plain from the averments of the answer of the railroad company to the petition in mandamus that the company relied upon the…

2Cases cited3 opinions

  1. Wisconsin & Michigan Railway Co. v. PowersSupreme Court of the United States · 1903
  2. Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
  3. People Ex Rel. Schurz v. CookSupreme Court of the United States · 1893

3Cited by67 opinions

  1. United States v. City & County of San FranciscoSupreme Court of the United States · 1940
  2. Calhoun v. MassieSupreme Court of the United States · 1920
  3. Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
  4. Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
  5. Ison v. Western Vegetable DistributorsArizona Supreme Court · 1936

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