Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.
North Dakota Supreme Court
Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal.
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Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal. Laws 1907, chap. 51. This act was sustained by the decree of the supreme court of North Dakota. 19 N. D. 45; 26 N. D. 438. The decree of the supreme court of North Dakota was reversed by the decree of the Supreme Court of the United States. 236 U. S, 585. The case was brought and prosecuted by the attorney general of the state of North Dakota in his official capacity for and on behalf of all the people of the state. Under…
1DissentRobinson, J.
This is an appeal from an order sustaining a general demurrer to the complaint. It avers that at different times between the 30th day of July, 1910, and the 1st day of June, 1915, the plaintiff received and transported coal by the carload for the defendant between points in North Dakota; that the defendant by reason thereof became obligated to pay to the plaintiff the lawful and reasonable rates for such transportation; that the defendant has at all times refused to pay such reasonable rates, and has paid only the rates prescribed by chapter 51 of the Laws of 1907. It avers that the plaintiff…
2Cases cited4 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1910
- State ex rel. McCue v. Northern Pacific Railway Co.North Dakota Supreme Court · 1909
- State ex rel. McCue v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914