Missouri v. Chicago, Burlington & Quincy Railroad
Supreme Court of the United States
MOTION TO STRIKE A DEFENSE PROM THE ANSWER. The facts, which involve the construction and effect of the decision by this court in the Missouri Rate Cases, 230 U. S. 474, are stated in the opinion.
1Opinion of the CourtChief Justice White
A preliminary outline is essential to clear the way for an understanding of the case. By original action here brought the State sues to recover a sum of money for passenger fares in excess of the-rate established by law paid by its officers when traveling within the State on state business. Answering, the railroad alleges among other defenses that the rates fixed by law were so low as to be confiscatory and hence repugnant to the Constitution of the United States. The matter for decision arises on a motion on behalf of the State to strike out this defense on the ground that the right to…
2Cases cited13 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Smyth v. AmesSupreme Court of the United States · 1898
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- 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
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