Legal Opinion

Georgia Railroad & Banking Co. v. Smith

Supreme Court of the United States

Decided November 5, 1888No. 28PublishedCited by 146 opinions

ERROR TO THE SUPREME COURT OF THE STATE OP GEORGIA. By an act of the legislature of 'Georgia, passed December 21, 1833, the plaintiff in-.error was incorporated under the. name' of the, Georgia. Railroad Company, and empowered to construct a “rail or turnpike road from the city of-Augusta,” with branches extending'to certain towns in the State, and-to be carried beyond those places at' the discretion of the. company.

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ERROR TO THE SUPREME COURT OF THE STATE OP GEORGIA. By an act of the legislature of 'Georgia, passed December 21, 1833, the plaintiff in-.error was incorporated under the. name' of the, Georgia. Railroad Company, and empowered to construct a “rail or turnpike road from the city of-Augusta,” with branches extending'to certain towns in the State, and-to be carried beyond those places at' the discretion of the. company. Laws of .Georgia^ 1833, 256. " By an act of the legislature, passed December 18, 1835, certain amendments to the charter were made, and among others one .changing its corporate…

1Opinion of the CourtJustice Field

As appears'from the statement of the case, the contention .in the court below of the company, the plaintiff in error here, so far as it embraced ány Federal question, was. that the 12th section of its- charter constituted a grant of a right to charge the rates therein named; that it built its road and established its business with this grant as a part of its charter ; and that such a grant is a contract between it and the State of Georgia, the obligation of which cannot be impaired by its legislation; and this contention is renewed in this court.

The constitution of Georgia, adopted in…

2Cases cited5 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Providence Bank v. BillingsSupreme Court of the United States · 1830
  3. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  4. Dow v. BeidelmanSupreme Court of the United States · 1888
  5. Lake Superior & Mississippi Railroad v. United StatesSupreme Court of the United States · 1877

3Cited by146 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. The Minnesota Rate CasesSupreme Court of the United States · 1913
  3. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  4. Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
  5. Cox v. HartSupreme Court of the United States · 1923

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