Southern Pac. Co. v. California Adjustment Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. ' Action at law by the California Adjustment Company against the Southern Pacific Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. ' Action at law by the California Adjustment Company against the Southern Pacific Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error seeks to reverse a judgment of the court below, rendereci in favor of the defendant in error for the sum of $3,9-28.01. The parties will be herein named plaintiff and defendant, as in the court below. The complaint contains 120 counts; each being on a claim assigned to the plaintiff, and…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The defendant contends that the constitutional provision as it existed from 1879 until October 10, 1911, is invalid, because in terms it attempts to regulate interstate commerce, and the attempt so to regulate interstate commerce is so intermingled with the other provisions that it cannot be presumed that the section would have been adopted if the invalidity of the first portion thereof had been known, and that therefore the whole section falls. It is true that the first clause of section 21 expressly refers to freight and passengers within the state,…
2Cases cited21 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- The Employers'liability CasesSupreme Court of the United States · 1908
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
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3Cited by8 opinions
- City & County of San Francisco v. Western Air Lines, Inc.California Court of Appeal · 1962
- California Adj. Co. v. Atchison, Topeka & Santa Fe Ry.California Supreme Court · 1918
- Davis v. ParringtonCourt of Appeals for the Ninth Circuit · 1922
- A. L. Jones Co. v. Chicago, Milwaukee & St. Paul Railway Co.Appellate Court of Illinois · 1919
- McCaull-Dinsmore Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.