Legal Opinion

Southern Railway Co. v. Railroad Commission

Indiana Supreme Court

Decided January 3, 1913No. 22,140PublishedCited by 7 opinions

From Superior Court of Vanderburgh County; Alexander Gilchrist, Judge. Action by the Railroad Commission of Indiana against the Southern Railway Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1392 Burns 1908, Acts 1907 p. 237.) Affirmed.

1Opinion of the CourtMyers, J.

This was an action brought by appellee against appellant to recover the statutory penalty provided by §3 of the act of 1907 (Acts 1907 p. 186, §5280 Burns 1908). That section reads as follows: “That it shall be unlawful for any such common, carrier to haul, or permit to be hauled or used on its line, any locomotive, ear, tender, or similar vehicle used in moving of state traffic not provided with secure grabirons or handholds in the sides or ends thereof.” The penalizing section is §10 of said act (§5287 Burns 1908), and re'ads as follows: “That every such common carrier, or the receiver…

2Cases cited141 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  4. Civil Rights CasesSupreme Court of the United States · 1883
  5. Second Employers'liability CasesSupreme Court of the United States · 1912

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3Cited by7 opinions

  1. Railroad Commission v. Grand Trunk Western RailroadIndiana Supreme Court · 1913
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. StateIndiana Supreme Court · 1913
  3. Lowe v. StoutamireSupreme Court of Florida · 1936
  4. Vandalia Railroad v. Railroad CommissionIndiana Supreme Court · 1913
  5. Brown v. Chicago, R. I. & P. R. Co.District Court, N.D. Iowa · 1952

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