Legal Opinion

Columbus Iron & Steel Co. v. Kanawha & M. Ry. Co.

Court of Appeals for the Fourth Circuit

Decided February 14, 1910No. 911PublishedCited by 8 opinions

Appeal, from the Circuit Court of the United States for the Southern District of West Virginia, at Huntington. Suit in equity by the Columbus Iron & Steel Company against the Kanawha & Michigan Railway Company. Decree for defendant, and complainant appeals.

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Appeal, from the Circuit Court of the United States for the Southern District of West Virginia, at Huntington. Suit in equity by the Columbus Iron & Steel Company against the Kanawha & Michigan Railway Company. Decree for defendant, and complainant appeals. The appellee, the Kanawha & Michigan Railway Company, is a West Virginia corporation and a resident of that state, and is an interstate carrier of coal from the Kanawha district therein to the lake ports in the state of Ohio. The appellant, the Columbus Iron & Steel Company, is an Ohio corporation and a resident of that state, owning and…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above). The court below held that it did not have jurisdiction of the subject-matter of this controversy, dissolved the temporary restraining order, and dismissed the bill. The learned judge who heard this case, after a careful review of the authorities bearing upon this question, said:

“I conclude, therefore, that a proper construction of the act of February 4, 1887, forbids the exercise of jurisdiction in a ease like the present, because it is inconsistent with the purposes of that act as expressed therein, and as construed and expounded by the Supreme Court of…

2Cases cited6 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
  3. MacOn Grocery Co. v. Atlantic Coast Line RailroadSupreme Court of the United States · 1910
  4. Wallace v. AdamsSupreme Court of the United States · 1907
  5. Southern Railway Co. v. TiftSupreme Court of the United States · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Board of Railroad Commissioners v. Great Northern Railway Co.Supreme Court of the United States · 1930
  2. Luckenbach Steamship Company v. United StatesDistrict Court, D. Delaware · 1959
  3. M. C. Kiser Co. v. Central of Georgia Ry. Co.District Court, S.D. Georgia · 1916
  4. Wickwire Steel Co. v. New York Cent. & H. R. R. Co.Court of Appeals for the Second Circuit · 1910
  5. Atchison, T. & S. F. Ry. Co. v. Foster Lumber Co.Supreme Court of Oklahoma · 1911

3 more not listed; retrieve them via the Exa API.

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