Hurley v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. There is practically no controversy in respect to the facts in this case.
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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. There is practically no controversy in respect to the facts in this case. We take the following statement from the opinion of the Circuit Court of Appeals: In 1896 the Osage Carbon Company and the Cherokee and Pittsburg Coal and Mining Company, as parties of the first part, and Charles J. Devlin, as party of the second part, and the railway company as party of the third part, entered into an agreement whereby the parties of the first part leased to Devlin for a term of three years certain coal lands located in the State of…
1Opinion of the CourtJustice Beewee
We shall not stop to discuss the question of jurisdiction. That whole subject has been so fully considered in the case just decided of Coder, Trustee, etc., v. Arts, post, p. 223, that any further discussion of the subject would be superfluous.
We pass directly to the merits, and in order to a clear understanding of them the facts of the dealings between the coal company and the railway company must be borne in mind. The railway company entered into its original contract for the sake of securing the constant supply of coal necessary for the operation of part of its railway. It was to take from…
2Cases cited6 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Ketchum v. St. LouisSupreme Court of the United States · 1880
- Carr v. HamiltonSupreme Court of the United States · 1889
- Hauselt v. HarrisonSupreme Court of the United States · 1882
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3Cited by124 opinions
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- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
- In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
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