Legal Opinion

Louisville & Nashville Railroad v. Eubank

Supreme Court of the United States

Decided January 27, 1902No. 10PublishedCited by 35 opinions

ERROR TO THE CIRCUIT COURT OF SIMPSON COUNTY, STATE OF KENTUCKY. The railroad company has brought this case here by a writ of error to the circuit court of Simpson County, State of Kentucky, that being the highest court of the State in which a decision could be had, for the purpose of reviewing the judgment of that court in favor of the defendant in error (plaintiff below) based upon a violation of section 218 of the constitution of Kentucky.

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ERROR TO THE CIRCUIT COURT OF SIMPSON COUNTY, STATE OF KENTUCKY. The railroad company has brought this case here by a writ of error to the circuit court of Simpson County, State of Kentucky, that being the highest court of the State in which a decision could be had, for the purpose of reviewing the judgment of that court in favor of the defendant in error (plaintiff below) based upon a violation of section 218 of the constitution of Kentucky. That section reads as follows: 5!It shall be unlawful for any person or corporation, owning or operating a railroad in this State, or any common…

1Opinion of the CourtJustice Peckham

The writ of error in this case does not bring up for review any judgment of the Court of Appeals of the State of Kentucky, the highest court of that State. It appears that the circuit court of that State is the highest court in' which a decision of the case could be had, presumably on account of the amount of the judgment. There was no opinion delivered by the judge holding the court in which the case was. tried, and as the case did not go to.the highest court of that State, we are without the benefit of any written opinion of the courts of Kentucky in regard to the question involved. We have…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
  2. Hall v. DeCuirSupreme Court of the United States · 1878
  3. Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
  4. Henderson Bridge Co. v. KentuckySupreme Court of the United States · 1897
  5. New York, Lake Erie & Western Railroad v. PennsylvaniaSupreme Court of the United States · 1895

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3Cited by35 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
  3. Simpson v. ShepardSupreme Court of the United States · 1913
  4. Railroad Commission of Ohio v. Worthington, Receiver of Wheeling & Lake Erie Railroad CompanySupreme Court of the United States · 1912
  5. United States v. Mellon Bank, N. A., and Milton F. Meissner, IntervenorCourt of Appeals for the Third Circuit · 1976

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