State ex rel. McCue v. Northern Pacific Railway Co.
North Dakota Supreme Court
Proceedings on application on bebalf of the State for an original writ directing the observance of the freight rates in question, and enjoining the collection of higher than the maximum statutory rate. Writs granted. Costs and disbursements of State ordered taxed by the Clerk. The opinions of railway officials are not proper evidence. They are too hazy and indefinite to receive serious consideration.
Read the full summary
Proceedings on application on bebalf of the State for an original writ directing the observance of the freight rates in question, and enjoining the collection of higher than the maximum statutory rate. Writs granted. Costs and disbursements of State ordered taxed by the Clerk. The opinions of railway officials are not proper evidence. They are too hazy and indefinite to receive serious consideration. Interstate Commerce Commission v. Union P. R. Co. 222 U. S. 548, 56 L. ed. 312, 32 Sup. Ct. Rep. 108; Ames v. Union P. R. Co. 64 Fed. 188; F. Schumacher Mill. Co. v. Chicago, R. I. & P. R. R. Co.…
1Opinion of the CourtGoss, J.
Three separate actions are decided by this one opinion. Each was begun by the state of North Dakota, ex rel. attorney general, against the common carriers involved, the Northern Pacific, Minneapolis, St. Paul, & Sault Ste. Marie, and Great Northern Railway Companies. In 1907, Attorney General McCue petitioned this court for its prerogative writ of injunction to restrain the defendants from further noncompliance with chapter 51 of the Session Laws of 1907, that had been in effect since July 1st of that year, and had been ignored by these common carriers. On hearing the writs were issued as…
2Cases cited32 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Interstate Commerce Commission v. Union Pacific RailroadSupreme Court of the United States · 1912
27 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1918
- C. L. Merrick Co. v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1918
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1918