Legal Opinion

Missouri Pacific Railway Co. v. Larabee

Supreme Court of the United States

Decided June 22, 1914No. 135PublishedCited by 29 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. A disputé as to a small charge for demurrage having arisen between the Missouri Pacific Railway Company and the Larabee Flour Mills Company, the Railway Company to enforce payment, suspended the rendering of a certain class of switching service which it had previously regularly performed for the Mills Company.

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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. A disputé as to a small charge for demurrage having arisen between the Missouri Pacific Railway Company and the Larabee Flour Mills Company, the Railway Company to enforce payment, suspended the rendering of a certain class of switching service which it had previously regularly performed for the Mills Company. The latter on September 15, 1906, commenced in the Supreme Court of Kansas mandamus proceedings to compel the continuance of the service. After a response to an alternative rule and a hearing on the eighth of December, 1906, the court…

1Opinion of the CourtChief Justice White

Both before the Commissioner and to the court where the report of the Commissioner was acted on the propositions under the Constitution and laws of the United States upon which the railway company relied, were pressed and overruled and the rightfulness of having so done is the question here for decision. But first we notice a motion to dismiss for want of jurisdiction. It is difficult to grasp the ground upon which it rests. In one aspect it would seem to assert that there is no jurisdiction because the Federal rights which were passed upon below were correctly decided. ' But this obviously…

2Cases cited9 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Day v. WoodworthSupreme Court of the United States · 1852
  3. Home Ins. Co. v. MorseSupreme Court of the United States · 1874
  4. Oelrichs v. SpainSupreme Court of the United States · 1872
  5. Arcambel v. WisemanSupreme Court of the United States · 1796

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

3Cited by29 opinions

  1. Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
  2. Citizens Against Rent Control v. City of BerkeleyCalifornia Court of Appeal · 1986
  3. Sacramento Municipal Utility District v. Pacific Gas & Electric Co.California Supreme Court · 1942
  4. State v. TownsendSupreme Court of Connecticut · 1975
  5. Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914

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

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