Legal Opinion

Texas & New Orleans Railroad v. Sabine Tram Co.

Supreme Court of the United States

Decided January 27, 1913No. 93PublishedCited by 221 opinions

ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. • ’ The question in the case is whether' shipments of lumber on local bills of lading from one point in Texas to another point, in . Texas, destined for export under the circumstances presently to be detailed, were intrastate or . foreign Commerce.

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ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. • ’ The question in the case is whether' shipments of lumber on local bills of lading from one point in Texas to another point, in . Texas, destined for export under the circumstances presently to be detailed, were intrastate or . foreign Commerce. The action was brought' by defendant in error, here called the Sabine Company, against the railroad companies (we shall so designate them unless it be, necessary to distinguish them) to recover the 'sum-of $1,788.33 alleged to be due for overcharges…

1Opinion of the Court

After stating the facts as above,

Mr. Justice . Mc-Kenna

delivered the opinion of the court.

If we may regard the essential character of the shipments we can have no hesitation in pronouncing them to have been in interstate commerce. This conclusion seems indeed to bq determined by the last finding of fact. It is there declared that “the shipments in controversy, together with other shipments of lumber to Sabine and •Sabine Pass, constitute a large and constantly recurring course of foreign commerce passing out through the port of Sabine.”

If the shipments were foreign commerce it is hardly…

2Cases cited5 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  3. Coe v. ErrolSupreme Court of the United States · 1886
  4. Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
  5. State v. International & Great Northern RailroadCourt of Appeals of Texas · 1903

3Cited by221 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. Hostetter v. Idlewild Bon Voyage Liquor Corp.Supreme Court of the United States · 1964
  3. Nashville, C. & St. LR Co. v. WallaceSupreme Court of the United States · 1933
  4. Nashville, Chattanooga & St. Louis Railway Co. v. WallaceSupreme Court of the United States · 1933
  5. Southern Railway Co. v. PrescottSupreme Court of the United States · 1916

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