Legal Opinion

Chicago, B. & Q. Ry. Co. v. Burlington, C. R. & N. Ry. Co.

U.S. Circuit Court for the Southern District of Iowa

Decided March 23, 1888PublishedCited by 19 opinions

In Equity. On motion for injunction.

1Opinion of the CourtLove, J.

Whoever, in my opinion, in a legal proceeding considers a railway company as a corporation for mere pecuniary profit to the owners of the property, without taking into account their character as quasi public corporations having public duties to perform, takes a view of the subject altogether narrow and misleading.

It is one of the duties of government to provide and regulate public roads and highways. It is a duty of government because roads and highways are indispensible to society, and because individuals are incompetent to establish and control them. No government can rightfully delegate to…

2Cited by19 opinions

  1. Peoria & Pekin Union Railway Co. v. United StatesSupreme Court of the United States · 1924
  2. Southern Express Co. v. Rose Co.Supreme Court of Georgia · 1906
  3. Stephens v. Ohio State Telephone Co.District Court, N.D. Ohio · 1917
  4. Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
  5. Tift v. Southern Ry. Co.District Court, S.D. Georgia · 1903

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