Mississippi Railroad Commission v. Gulp & Ship Island Railroad
Mississippi Supreme Court
From the chancery court, first district, of Hinds county. Hon. Henrt C. Conn, Chancellor. The Mississippi Railroad Commission, appellant, was the complainant in the court below; the railroad company, appellee, was defendant there. From a decree of the court below, dissolving the preliminary injunction, which had been obtained by the Commission, the complainant appealed to the supreme court. The opinion states the case.
Read the full summary
From the chancery court, first district, of Hinds county. Hon. Henrt C. Conn, Chancellor. The Mississippi Railroad Commission, appellant, was the complainant in the court below; the railroad company, appellee, was defendant there. From a decree of the court below, dissolving the preliminary injunction, which had been obtained by the Commission, the complainant appealed to the supreme court. The opinion states the case. Section 19 of defendant’s charter is as follows: “Sec. 19. Be it further enacted, That said company shall have and possess the power of fixing, from time to time, by its board…
1Opinion of the CourtCali-ioon, J.
A careful analysis of the bill shows that this is a suit to restrain the Gulf & Ship Island Railroad Company from taking rates of freight on cottonseed in carload lots higher than those fixed by the Railroad Commission, and to recover the penalty of |500 for each Overcharge in violation of the order of the Commission prescribing the rates for all railroad companies in the state. We do not think the bill maintainable to recover the. penalty, for the reason that a chancery court will not enforce penalties, except under very peculiar circumstances, and such as are not here presented. Section…
2Cases cited2 opinions
- Stone v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1885
- Stone v. Natchez, Jackson & Columbus RailroadMississippi Supreme Court · 1885
3Cited by5 opinions
- Cooley v. LovewellSupreme Court of Arkansas · 1910
- Gulf & S. I. R. Co. v. Laurel Oil & Fertilizer Co.Mississippi Supreme Court · 1935
- Vicksburg Lodge No. 26 v. Grand Lodge of Free & Accepted MasonsMississippi Supreme Court · 1917
- Frankfort Kentucky Natural Gas Co. v. City of FrankfortCourt of Appeals of Kentucky · 1924
- Federal Union Surety Co. v. FlemisterSupreme Court of Arkansas · 1910