Union Pac. R. v. American Smelting & Refining Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Utah; J. A. Marshall, Judge. Action by the Union Pacific Railroad Company against the American Smelting & Refining Company. From a judgment sustaining a demurrer to the complaint; plaintiff brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
This writ of error challenges a judgment which sustained a demurrer to the complaint of the Union Pacific Railway Company, on the ground that it failed to state facts sufficient to constitute a cause of action, and adjudged that the complainant should take nothing and pay the costs of the suit.
The complaint contained the proper jurisdictional averments, and also alleged these facts : In July and August, 1907, the plaintiff transported over its railroad and over its connecting lines from Goldfield, Nev., by a route designated to the initial carrier by the shipper, to…
2Cases cited19 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Central Railroad v. MacCartneySupreme Court of New Jersey · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Adams v. MillsSupreme Court of the United States · 1932
- Western & Atlantic R. v. UnderwoodDistrict Court, N.D. Georgia · 1922
- Yone Suzuki v. Central Argentine Ry., Ltd.Court of Appeals for the Second Circuit · 1928
- States Marine International, Inc. v. Seattle-First National BankCourt of Appeals for the First Circuit · 1975
- Galveston, H. & S. A. Ry. Co. v. Lykes Bros.District Court, S.D. Texas · 1923
35 more not listed; retrieve them via the Exa API.