Legal Opinion

Chicago, R. I. & P. Ry. Co. v. Beatty

Supreme Court of Oklahoma

Decided October 10, 1911No. 1156Published

Error from Caddo County Court; B. E. Holding, Judge. Action by W. W. Beatty against the Chicago, Rock Island & Pacific Railway Company to recover the penalty óf $1 per day per car for not supplying cars for the movement of freight from Verden, Olda., to Chickasha, Ind. T., in November and December, 1906. Judgment for plaintiff, and defendant brings error.

1Opinion

On Rehearing.

AMES, C. In our former opinion we held that- the demurrage act under consideration was not a violation of the commerce clause of the Constitution of the United States. A petition for rehearing was filed, for the first time calling our attention to section 1 of the act of June 29, 1906 (chapter 3591, 34 St. at L. 584 [U. S. Comp. St. Supp. 1911, p. 1285]), and the petition for rehearing was granted in order that the case might be considered with that act of Congress in mind. At the oral argument it was suggested that the exact proposition was pending before the'Supreme Court of…

2Cases cited27 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Savage v. JonesSupreme Court of the United States · 1912
  3. Railroad Co. v. HusenSupreme Court of the United States · 1878
  4. Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
  5. Minnesota v. BarberSupreme Court of the United States · 1890

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