Legal Opinion

Union Pacific Railroad v. United States

United States Court of Claims

Decided February 19, 1917No. 33056PublishedCited by 1 opinion

The Reporter's statement of the case: By the land-grant statute the railroad companies received large and valuable tracts of land, and in return they were to transport Government property and troops free or at a reduced rate. The word “ troops ” as used in the statute was certainly never intended in its narrow sense, but was intended to mean the military forces of the United States.

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The Reporter's statement of the case: By the land-grant statute the railroad companies received large and valuable tracts of land, and in return they were to transport Government property and troops free or at a reduced rate. The word “ troops ” as used in the statute was certainly never intended in its narrow sense, but was intended to mean the military forces of the United States. It would not be reasonable to suppose that the Government would reserve right to demand lower rates for transportation for its soldiers on active duty and not for the recruits or the applicants who were to take…

1Opinion of the CourtBarney, Judge

This is a suit brought by the Union Pacific Railroad Co. against the United States to recover certain land-grant deductions made by the defendants in a settlement with the plaintiff for the transportation of certain persons. These deductions were made on the ground that the following classes of persons were troops of the United States, and that by virtue of the land-grant statutes the plaintiff was obliged to transport these persons at the land-grant rates established and agreed upon by the parties.

*231The persons so transported were:

1. Applicants for enlistment.

2. Discharged military prisoners.

3.…

2Cases cited7 opinions

  1. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  2. United States v. Oregon & California RailroadSupreme Court of the United States · 1896
  3. Lake Superior & Mississippi Railroad v. United StatesSupreme Court of the United States · 1877
  4. Alabama Great Southern Railroad v. United StatesUnited States Court of Claims · 1914
  5. Mellen v. BucknerSupreme Court of the United States · 1891

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Southern Pacific Co. v. United StatesUnited States Court of Claims · 1921

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