State v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Pollc Circuit Court. Action under the provision of chapter 133 of the Laws of the Twentieth General Assembly to enforce an order of the railroad commissioners. The defendants demurred to the petition. The demurrer was sustained, and the state appeals.
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Appeal from Pollc Circuit Court. Action under the provision of chapter 133 of the Laws of the Twentieth General Assembly to enforce an order of the railroad commissioners. The defendants demurred to the petition. The demurrer was sustained, and the state appeals. In the month of February, 1884, one E. Barber delivered to defendant for shipment at Morrison, in the state of lili-nois, (which is a station on defendant’s railway,) a buggy which was consigned to himself at Glidden, which is also.a station on defendant’s road in this state. The buggy weighed 550 pounds, and defendant charged for…
1Opinion of the CourtReed, J.
The ground of the demurrer to the petition is that the order of the board of railroad commissioners is an attempt, under the authority of the state, to regulate com*164merce between points witliin this state and points without the state, and is contrary to that provision of section 8 of article 1 of the constitution of the United States, which confers upon the congress of the United States the power “to regulate commerce with foreign nations, and among the several states.” The defendant operates a number of lines of railway, one of which extends from Chicago, in the state of Illinois, across this…
2Cases cited2 opinions
- People v. Wabash, St. Louis & Pacific Railway Co.Illinois Supreme Court · 1882
- Carton & Co. v. Illinois Central RailroadSupreme Court of Iowa · 1882
3Cited by2 opinions
- McMahon v. PlumbSupreme Court of Connecticut · 1914
- Cook v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888