Prescott & A. C. R. v. Atchison, T. & S. F. R.
U.S. Circuit Court for the District of Southern New York
This was an action by the Prescott & Arizona Central Railroad Company against the Atchison, Topeka & Santa Fé Railroad Company and other railroad corporations and individuals for alleged unlawful discrimination in refusing to accept freight from the plaintiff company, on through bills of lading, while such freight was accepted and carried on through bills, under a contract with other railroad companies.
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This was an action by the Prescott & Arizona Central Railroad Company against the Atchison, Topeka & Santa Fé Railroad Company and other railroad corporations and individuals for alleged unlawful discrimination in refusing to accept freight from the plaintiff company, on through bills of lading, while such freight was accepted and carried on through bills, under a contract with other railroad companies. The case was heard upon a motion, by all of the defendants save one, to direct a verdict in their favor upon the pleadings and opening, the remaining defendant asking judgment in his favor on…
1Opinion of the CourtLacombe, Circuit Judge
(orally). In this case I have examined the authorities submitted yesterday by the parties on both sides, and have reached the conclusion that the motions to dismiss must be granted. I am unable, however, in so brief a time to formulate any elaborate opinion; and it will be sufficient to indicate that the lines of thought which lead to this conclusion may be ascertained by reference to the cases of U. S. v. Trans-Missouri Freight Ass’n, 7 C. C. A. 15, 58 Fed. 58, Little Rock & M. R. Co. v. St. Louis S. W. Ry. Co., 11 C. C. A. 417, 63 Fed. 775, and the Dueber Watch-Case Co. Case, 14 C. C. A.…
2Cases cited5 opinions
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
- Little Rock & M. R. v. St. Louis S. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Dueber Watch-Case Manuf'g Co. v. E. Howard Watch & Clock Co.Court of Appeals for the Second Circuit · 1895
- New York & N. Ry. Co. v. New York & N. E. R.U.S. Circuit Court for the District of Southern New York · 1892
3Cited by7 opinions
- Gamble-Robinson Commission Co. v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.Court of Appeals for the Second Circuit · 1897
- Whitfield v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1906
- The Charles E. WisewallDistrict Court, N.D. New York · 1896
- United States v. Pacific & A. Ry. & Nav. Co.District Court, D. Alaska · 1912
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