Legal Opinion

State ex rel. Railroad Commission v. Adams Express Co.

Indiana Supreme Court

Decided June 23, 1908No. Nos. 21,173, 21,174, 21,175Published

Prom Superior Court of Marion County (71,989, 71,992, 71,995); Vinson Garter, Judge. Actions by The State of Indiana, on tbe relation of the Railroad Commission of Indiana, against Adams Express Company, American Express Company and United States Express Company. Prom judgments for defendants, the plaintiff appeals.

1Opinion

On Petition for, Rehearing.

Gillett, C. J.

10. In their brief on petition for rehearing ■ counsel for relator state that it is the common-law duty of express companies to make personal delivery, except at small stations, and that the Indiana statute is declaratory of the common law as applied to cities of 2,500 or more inhabitants, and it is insisted that the federal enactment was not designed to add to or take from the common-law duties of such carriers.

It is true that the' courts have treated common carriers by express as analogous to common carriers by wagon, and, with the exception…

2Cases cited8 opinions

  1. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
  2. Gibson v. CulverNew York Supreme Court · 1837
  3. Louisville & Nashville Railroad v. EubankSupreme Court of the United States · 1902
  4. Reynolds v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
  5. American Express Co. v. HockettIndiana Supreme Court · 1868

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