Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.
North Dakota Supreme Court
Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal.
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Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal. Laws 1907, chap. 51. This act was sustained by the decree of the supreme court of North Dakota. 19 N. D. 45; 26 N. D. 438. The decree of the supreme court of North Dakota was reversed by the decree of the Supreme Court of the United States. 236 U. S, 585. The case was brought and prosecuted by the attorney general of the state of North Dakota in his official capacity for and on behalf of all the people of the state. Under…
1Opinion of the CourtBirdzell, J.
This is an action to recover the difference between the statutory rate upon certain coal shipments and an alleged reasonable rate. It arose upon the following facts:
In the year 1907, the legislature of North Dakota passed a statute *74prescribing a schedule of maximum rates to be charged for hauling lignite coal. When the law went into effect the carriers declined to comply with it, whereupon an action was brought to enjoin the continued violation. In this action, the carriers Avere unsuccessful. State ex rel. McCue v. Northern P. R. Co. 19 N. D. 45, 25 L.R.A.(N.S.) 1001, 120 N. W. 869, and…
2Cases cited16 opinions
- Civil Rights CasesSupreme Court of the United States · 1883
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Russell v. FarleySupreme Court of the United States · 1882
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
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3Cited by4 opinions
- Continental Bus System, Inc. v. ToombsCourt of Appeals of Texas · 1959
- Maple Island Farm, Inc. v. BitterlingCourt of Appeals for the Eighth Circuit · 1954
- The Burrows Co. v. HollingsworthIllinois Supreme Court · 1953
- State ex rel. Lemke v. Union Light, Heat, & Power Co.North Dakota Supreme Court · 1921