Union Pac. R. v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Utah; John A. Marshall, Judge. Action by the United States of America against the Union Pacific Railroad Company. Judgment for the plaintiff, and defendant brings error. This action was brought June 4, 1912. by the United States against the railroad company, to recover damages for the loss of registered mall and mall equipment alleged to have been destroyed through the uegligence of the company.
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In Error to the District Court of the United States for the District of Utah; John A. Marshall, Judge. Action by the United States of America against the Union Pacific Railroad Company. Judgment for the plaintiff, and defendant brings error. This action was brought June 4, 1912. by the United States against the railroad company, to recover damages for the loss of registered mall and mall equipment alleged to have been destroyed through the uegligence of the company. At the trial the facts were agreed upon. Counsel for the United States moved for a directed verdict, and counsel for the…
1Opinion of the CourtCarland, Circuit Judge
(after stating the facts as above). [1] The legal relation existing between the United States and the railroad company was contractual. The company agreed, in consideration of the payment of a stipulated sum for the service, that it would “accept and perform the service upon the conditions prescribed by law and the regulations of the department.” This language in express terms made all applicable provisions of law and regulations a part of the contract. We think this relation of the parties renders inapplicable the contention that the railroad company, in performing the service in question,…
2Cases cited12 opinions
- In Re DebsSupreme Court of the United States · 1895
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Searight v. StokesSupreme Court of the United States · 1845
- Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1912
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3Cited by3 opinions
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- United Fruit Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1929
- United States v. United Fruit Co.District Court, D. Massachusetts · 1923