Legal Opinion

American Smelting & Refining Co. v. Union Pac. R.

Court of Appeals for the Eighth Circuit

Decided March 13, 1919No. 5194PublishedCited by 4 opinions

In Error to the District Court of the United States for the District of Nebraska; Joseph W. Woodrough, Judge. Action at law by the Union Pacific Railroad Company against the American Smelting & Refining Company. Judgment for plaintiff, and defendant brings error. 1

1Opinion of the Court

CARLAND, Circuit Judge.

The railway company, hereinafter called plaintiff, sued the smelting company, hereinafter called defendant, to recover the reasonable value of a so-called intraplant switching service performed by the plaintiff for defendant since July 26, 1912. The defendant answered the complaint, and the plaintiff filed a general demurrer to the answer.

A stipulation was filed waiving a jury and fixing the reasonable value of the services performed at $7,129.44, in case the court should decide the defendant to be liable. On the pleadings and the stipulation the case was submitted. The…

2Cases cited8 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
  3. A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
  4. United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
  5. Wight v. United StatesSupreme Court of the United States · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. ASARCO v. Union Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 2014
  2. Oregon Short Line R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1920
  3. Grand Trunk Western R. Co. v. Mount Clemens Sugar Co.Michigan Supreme Court · 1936
  4. National Beef Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1976

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