Atchison, Topeka & Santa Fé Railroad v. United States
United States Court of Claims
On the Proofs. The Reporters'1 statement of the case: The following are the facts as found by the court: I. From about the 15th August, 1861, to about the 1st March, 1867, the War Department employed, to carry military freig'ht and passengers, numerous railroad companies, for the construction of whose railroads grants of the public lands had been made upon the statutory condition that such roads should be and remain public highways for the use of the Government of the United…
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On the Proofs. The Reporters'1 statement of the case: The following are the facts as found by the court: I. From about the 15th August, 1861, to about the 1st March, 1867, the War Department employed, to carry military freig'ht and passengers, numerous railroad companies, for the construction of whose railroads grants of the public lands had been made upon the statutory condition that such roads should be and remain public highways for the use of the Government of the United States, free from all toll or other charge upon the transportation of any property or troops of the United States. Such…
1Opinion of the CourtDavis, J.
In August, 1861, a dispute which had arisen between the War Department and the land-grant railroads was settled by a regulation that a special rate of two cents per mile should be allowed the government for passenger traffic, and that the government freighting should be done for such reasonable rates as might be allowed to railroad companies, and that in both cases these rates should be subject to a deduction of 33J per cent, as due to government for charter purposes.
It requires no special familiarity with railroad matters to know that these rates were favorable to the government. The…
2Cases cited3 opinions
- Seymour v. McCormickSupreme Court of the United States · 1854
- Lake Superior & Mississippi Railroad v. United StatesSupreme Court of the United States · 1877
- Atchison, Topeka & Santa Fé Railroad v. United StatesUnited States Court of Claims · 1876
3Cited by5 opinions
- Krug v. Santa Fe Pacific RailroadSupreme Court of the United States · 1947
- Powell v. United StatesDistrict Court, E.D. Virginia · 1945
- Southern Pac. Co. v. Defense Supplies CorporationDistrict Court, N.D. California · 1946
- Northern Pacific Railway Co. v. United StatesUnited States Court of Claims · 1931
- Southern Pacific Co. v. United StatesUnited States Court of Claims · 1913