Vandalia R. v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. The Vandalia Railroad Company was convicted of rebating, and it brings error. In 1905, the Lumaghi Coal Company, whose property was located on the lines of the Vandalia Railroad Company, was desirous of purchasing additional property on some of which, at least, it held options.
Read the full summary
In Error to the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. The Vandalia Railroad Company was convicted of rebating, and it brings error. In 1905, the Lumaghi Coal Company, whose property was located on the lines of the Vandalia Railroad Company, was desirous of purchasing additional property on some of which, at least, it held options. It had not the necessary money, and, as its president testified, it was not in a position to borrow it at 2 per cent, interest as a regular banking proposition or from any ordinary sources, and would not…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). While a number of errors are assigned, but two have been argued: (1) The refusal of the court to direct a verdict for defendant; (2) the refusal to charge as requested.
[1] 1. No question of discrimination, whether just or unjust, by the Railroad as between competing coal companies is involved. The indictment charges a concession or rebate — a departure from the tariff rate in respect to the transportation of certain car loads. Giving a rebate “whereby any such property shall by any device whatever be transported at a less rate than that named in the…
2Cases cited3 opinions
- United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
- Cleveland, C., C. & St. L. Ry. Co. v. HirschCourt of Appeals for the Sixth Circuit · 1913
- Grand Rapids & I. Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
3Cited by16 opinions
- Hilliard v. United StatesCourt of Appeals for the Fourth Circuit · 1941
- Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1961
- United States v. Michigan Portland Cement Co.Supreme Court of the United States · 1926
- Southern Railway Company v. United StatesDistrict Court, N.D. Alabama · 1960
- Federal Gravel Co. v. Detroit & MacKinac Railway Co.Michigan Supreme Court · 1933
11 more not listed; retrieve them via the Exa API.