State ex rel. Wolf v. Pullman Palace Car Co.
U.S. Circuit Court for the District of Indiana
At Law. 1. Under the allegations of the complaint the defendant is a foreign corporation engaged in the business of carrying passengers, and as to corporations of this character the state has no more power of control than it has over a natural person engaged in the same business. Paul v. Virginia, 8 Wall. 168; Pensacola Telegraph Co. v. Western Union Tel. Co. 96 U. S. 1; Liverpool Ins.
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At Law. 1. Under the allegations of the complaint the defendant is a foreign corporation engaged in the business of carrying passengers, and as to corporations of this character the state has no more power of control than it has over a natural person engaged in the same business. Paul v. Virginia, 8 Wall. 168; Pensacola Telegraph Co. v. Western Union Tel. Co. 96 U. S. 1; Liverpool Ins. Co. v. Mass. 10 Wall. 566-573; Ducat v. Chicago, Id. 410; Rorer, Interstate Law, 288. 2. This beings a suit for a penalty founded on a statute, the statute must be strictly construed, and if the section in…
1Opinion of the CourtGresham, J.
The legislature of Indiana, on the twenty-ninth day
of March, 1881, passed an act entitled “An act concerning taxation,” the eighty-seventh section of which reads as follows:
“Every joint-stock association, company, or corporation, incorporated under the laws of any other state, and conveying to, from, and through this state, or any part thereof, passengers and travelers in palace cars, drawing-room cars,, sleeping ears, or chair cars, on contract with any railroad company, or the managers, lessee, agent, or receiver thereof, shall be held and deemed to be a sleeping-car company; and every such…
2Cases cited82 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Paul v. VirginiaSupreme Court of the United States · 1869
- Brown v. MarylandSupreme Court of the United States · 1827
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3Cited by3 opinions
- Concessions Co. v. MorrisWashington Supreme Court · 1919
- State v. HarperMontana Supreme Court · 1914
- American Fidelity & Casualty Co. v. ThompsonCourt of Appeals of Georgia · 1946