Butchers' & Drovers' Stock-Yards Co. v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This was a suit by the Butchers’ & Drovers’ Stock-Yards Company against the Louisville & Nashville Railroad Company, to compel it to build a spur track connecting with complainant’s yards. The circuit court dismissed the bill. Complainant appeals.
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Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This was a suit by the Butchers’ & Drovers’ Stock-Yards Company against the Louisville & Nashville Railroad Company, to compel it to build a spur track connecting with complainant’s yards. The circuit court dismissed the bill. Complainant appeals. This is an action in equity by a stock-yards company for a mandatory injunction to compel a railroad company to build, or to allow to be built, a side track connecting a spur track of the railroad comijany with the stock yards of the complainant, and there to…
1Opinion of the CourtTaft, Circuit Judge
The appellee seeks to sustain the dismissal of the bill on certain preliminary grounds, which must first be considered. It is contended that the jurisdictional amount in controversy is not sufficiently alleged in the bill, and, even if alleged, that it is denied by the answer, and no proof offered to sustain it. The amount in controversy in the action is the value of complainant’s alleged right to have a siding built, and to have live stock in car-load lots received and delivered by the railroad company at its stock yards. The averment of the bill is that the injury and damage done to its…
2Cases cited4 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Sheppard v. GravesSupreme Court of the United States · 1853
- Wickliffe v. OwingsSupreme Court of the United States · 1855
- De Sobry v. NicholsonSupreme Court of the United States · 1866
3Cited by24 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Elliott v. Empire Natural Gas Co.Court of Appeals for the Eighth Circuit · 1925
- Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
- Evenson v. SpauldingCourt of Appeals for the Ninth Circuit · 1907
- Tift v. Southern Ry. Co.District Court, S.D. Georgia · 1903
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