American Smelting & Refining Co. v. Union Pac. R.
Court of Appeals for the Eighth Circuit
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
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
- Wight v. United StatesSupreme Court of the United States · 1897
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3Cited by4 opinions
- ASARCO v. Union Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 2014
- Oregon Short Line R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1920
- Grand Trunk Western R. Co. v. Mount Clemens Sugar Co.Michigan Supreme Court · 1936
- National Beef Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1976