Legal Opinion

State v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Arkansas

Decided May 9, 1910PublishedCited by 10 opinions

Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. The appellant instituted this action against appellee in the Garland Circuit Court.

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Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. The appellant instituted this action against appellee in the Garland Circuit Court. The complaint alleges that the appellee is a foreign corporation, doing business in the State of Arkansas, and owns and operates a system of railroads in said State; that it has violated act No. 1 of the General Assembly of the State of Arkansas of 1905, commonly called the “anti-trust act,” by entering into a pool, trust, agreement, combination, confederation and understanding with certain domestic corporations, also owning and…

1Opinion of the Court

Hart, J.,

(after stating the facts). The question .raised by the appeal is, do the provisions of the anti-trust act apply to the fixing of rates for services performed by railroads in carrying freight and passengers ?

Section 1 of the act is as follows:

“Section 1. Any corporation organized under the laws of this or any other State or country, ,and transacting or conducting any kind of business in this State, or any partnership or individual, or other association, or persons whatsoever, who are now, or shall hereafter create, enter into, become a member of, or a party to, any pool, trust,…

2Cases cited5 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
  3. Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
  4. State v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1906
  5. Hempstead County v. HarknessSupreme Court of Arkansas · 1905

3Cited by10 opinions

  1. Ex parte KingSupreme Court of Arkansas · 1919
  2. Jones v. StateSupreme Court of Arkansas · 1912
  3. Fagan Electric Co. v. HOUSING AUTHORITY, ETC.Supreme Court of Arkansas · 1950
  4. State ex rel. Moose v. FrankSupreme Court of Arkansas · 1914
  5. Cherokee Public Service Co. v. HelenaSupreme Court of Arkansas · 1931

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