State v. Baltimore & Ohio Railroad
West Virginia Supreme Court
Appeal from Circuit Court, Mineral County. Bill in equity by the State against the Baltimore & Ohio Railroad Company. Prom, a decree for plaintiff, defendant appeals.
1DissentLynch, Judge
I can not concur in the conclusions reached by my associates. It is true there is no specific statutory authorization to proceed in equity to enjoin the carriage by defendant of intoxicating liquors in large quantities in its passenger cars'as personal baggage. There is, however, in the statute a provision which the answer admits and the opinion concedes forbids the transportation of such liquors as freight or'bággagé by a common carrier or other person for hire.1 Stated in its own language, “no common carrier for hire, nor other person, for hire or without hire, shall bring or carry…
2Cases cited34 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
- People v. Truckee Lumber Co.California Supreme Court · 1897
- Eberle v. MichiganSupreme Court of the United States · 1914
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