Legal Opinion
Smeltzer v. St. Louis & S. F. R.
U.S. Circuit Court for the District of Western Arkansas
Decided February 29, 1908PublishedCited by 18 opinions
At Raw. On motion to strike out paragraph of complaint.
1Opinion of the Court
ROGERS, District Judge.
This is a motion- to strike out the following paragraph of the complaint:
“And as such, corporation and common carrier it became 'and is liable for all damages done or caused to be done to freight or property it received for transportation over its said line of railroad to points beyond and off its said line of railroad, whether such damages occurred on or off the said line of railroad.”
The language quoted is based on the last two paragraphs of section 7, of what is known as the “Hepburn Act,” passed June 29, 1906, c. 3591, 34 Stat. 595 [U. S. Comp. St. Supp. 1907, p.…
2Cases cited41 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- In Re DebsSupreme Court of the United States · 1895
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
36 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bishop v. MahikoHawaii Supreme Court · 1940
- Fulgham v. Midland Valley R. Co.U.S. Circuit Court for the District of Western Arkansas · 1909
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MitchellIndiana Supreme Court · 1910
- Wabash Railroad v. PriddyIndiana Supreme Court · 1913
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
13 more not listed; retrieve them via the Exa API.