Legal Opinion

Canadian Northern Railway Co. v. Eggen

Supreme Court of the United States

Decided April 19, 1920No. 281PublishedCited by 117 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. The effect and intent of the Minnesota statute is to give'to citizens of Minnesota privileges which are denied to non-citizeps. Fletcher v. Spaulding, 9 Minnesota, 54. The statute permits a discrimination based solely on the ground of citizenship. A right of action to recover damages for an injury is property, which the legislature has no power to destroy.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. The effect and intent of the Minnesota statute is to give'to citizens of Minnesota privileges which are denied to non-citizeps. Fletcher v. Spaulding, 9 Minnesota, 54. The statute permits a discrimination based solely on the ground of citizenship. A right of action to recover damages for an injury is property, which the legislature has no power to destroy. Angle v. Chicago &c. Ry. Co., 151 U. S. 1. The action being properly brought, the State cannot keep and retain this privilege for its own…

1Opinion of the CourtJustice Clarke

The only question presented for decision in this case is as to the validity of § 7709 of the Statutes of Minnesota (General Statutes of Minnesota, 1913), which reads:

“When a cause of action has arisen outside of this state and, by the laws of the place where it arose, an action thereon is there barred by lapse of time, no such action shall be maintaind in this state unless the plaintiff be a citizen of the state who has owned the cause of action ever since it accrued.”

The Circuit Court of Appeals, reversing the District Court, held this statute invalid for the reason that the exemption in…

2Cases cited11 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Terry v. AndersonSupreme Court of the United States · 1877
  3. Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
  4. Blake v. McClungSupreme Court of the United States · 1898
  5. Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823

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3Cited by117 opinions

  1. Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
  2. Hess v. PawloskiSupreme Court of the United States · 1927
  3. McBurney v. YoungSupreme Court of the United States · 2013
  4. Baldwin v. Fish and Game Comm'n of Mont.Supreme Court of the United States · 1978
  5. United Building & Constr. Trades Council of Camden Cty. v. Mayor and Council of CamdenSupreme Court of the United States · 1984

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