Fourche River Lumber Co. v. Bryant Lumber Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the right, under the Act to Regulate Commerce, of a carrier to pay rebates to a shipper in consideration of a right of way granted by the latter, are stated in the opinion. The contract of August 3, 1905, became invalid as to the rate for transportation of logs when tariffs were filed by the Fourche River Valley & Ind. Terr. R. R. Co. prescribing another and different rate from the contract price.
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ERROR TO THE SUPREME COURT OP THE STATE OP ARKANSAS. The facts, which involve the right, under the Act to Regulate Commerce, of a carrier to pay rebates to a shipper in consideration of a right of way granted by the latter, are stated in the opinion. The contract of August 3, 1905, became invalid as to the rate for transportation of logs when tariffs were filed by the Fourche River Valley & Ind. Terr. R. R. Co. prescribing another and different rate from the contract price. The award of the arbitrators and the judgment of the court awarding damages equal to the amount of the division of the…
1Opinion of the CourtJustice Lamar
The Bryant Lumber Co. had its mill and saw mill plant at or near Bigelow, Arkansas, on the Rock Island Railroad. The Fourche Lumber Co.’s plant was located near by on a spur track laid about a mile from the main line of the Rock Island R. R. Both of these lumber companies owned timber in a rough, hilly country which could only be reached by a railroad, belonging to the Bryant Co. The Fourche Lumber Co. had already built a road on this land, claiming that it had been granted a right-of-way by the Bryant Co., and had applied for a railroad charter. This application was resisted by the Bryant…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- United States v. Lehigh Valley RailroadSupreme Court of the United States · 1911
3Cited by12 opinions
- Superior Coal Co. v. Department of FinanceIllinois Supreme Court · 1941
- Puget Sound Power & Light Co. v. City of SeattleWashington Supreme Court · 1921
- Bush Terminal Bldgs. Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1938
- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916
- State Line & Sullivan R. R. v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1923
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