Murray v. Chicago & N. W. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This is an action by William Murray against the Chicago & Northwestern Railway Company. A demurrer to an amended petition was sustained (62 Fed. 24), and plaintiff brings error. This is an action to recover damages for overcharges on freight.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. This is an action by William Murray against the Chicago & Northwestern Railway Company. A demurrer to an amended petition was sustained (62 Fed. 24), and plaintiff brings error. This is an action to recover damages for overcharges on freight. The material allegations in the petition are that commencing in 1875, and continuing to March, 1887, plaintiff was engaged in buying and shipping live stock and grain purchased in the state of Iowa for shipment to Chicago, Ill.; that he made large shipments during that…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts). At the threshold of this case we are confronted with a question of jurisdiction. It is said this is a case that involves the construction of the constitution of the United States, for the reason that the case pre*870sents the question whether there is any common law of the United States regulating interstate transportation charges, and that the writ of error should have been issued from the supreme court of the United States, and not from this court. Some phases of this question have recently been much discussed in other jurisdictions, and were fully considered by the…
2Cases cited12 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Wood v. CarpenterSupreme Court of the United States · 1879
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Clark v. BeverSupreme Court of the United States · 1891
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
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3Cited by14 opinions
- Summerhill v. Terminix, Inc.Court of Appeals for the Eighth Circuit · 2011
- Yazoo & M. V. R. v. ScottMississippi Supreme Court · 1914
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- Siplyak v. DavisSupreme Court of Pennsylvania · 1923
- United States v. GanaposkiDistrict Court, M.D. Pennsylvania · 1947
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