Legal Opinion

United States v. Northern Pac. Terminal Co.

District Court, D. Oregon

Decided April 2, 1906No. 4,813PublishedCited by 6 opinions

On Demurrer to Separate Answers. This is an action instituted by the United States against the defendant, as a common carrier engaged in interstate commerce, to recover for violation of the safety appliance act of Congress approved March 2, 1893, 27 Stat. 531, o. 196 [IT. S. Comp.

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On Demurrer to Separate Answers. This is an action instituted by the United States against the defendant, as a common carrier engaged in interstate commerce, to recover for violation of the safety appliance act of Congress approved March 2, 1893, 27 Stat. 531, o. 196 [IT. S. Comp. St. 1901, p. 3174], and acts amendatory thereto, in hauling on its line of railroad, by firsr count, one car, namely, Union Pacific coal No. 13,147, used in moving interstate traffic, to wit, coal consigned from Cumberland, in the state of Wyoming, to a point in some state of the United States other than Wyoming,…

1Opinion of the CourtWofverton, District Judge

(after stating the facts). Two questions were discussed on the hearing of the demurrer; First, whether the defendant was engaged in moving interstate traffic where the shipment of. the commodity originated in the state of Wyoming, was carried to Portland, in the state of Oregon, by one of the lines entering the terminal company’s yards, there delivered to the latter company, and by it delivered at its team tracks, where the commodity was unloaded to be taken elsewhere at point of destination within the city; and, second, whether defendant' was engaged in moving interstate traffic where the…

2Cases cited2 opinions

  1. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  2. Central of Georgia Ry. Co. v. Mayor of MaconU.S. Circuit Court for the Southern District of Georgia · 1901

3Cited by6 opinions

  1. United States v. Illinois Cent. R.District Court, W.D. Kentucky · 1907
  2. United States v. Northern Pac. Terminal Co.U.S. Circuit Court for the District of Oregon · 1909
  3. United States v. Chicago & N. W. Ry. Co.District Court, D. Nebraska · 1907
  4. United States v. Union Stock Yards Co. of OmahaDistrict Court, D. Nebraska · 1908
  5. United States v. Northern Pac. Terminal Co.U.S. Circuit Court for the District of Oregon · 1911

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