Chicago, B. & Q. Ry. Co. v. Burlington, C. R. & N. Ry. Co.
U.S. Circuit Court for the Southern District of Iowa
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
- Peoria & Pekin Union Railway Co. v. United StatesSupreme Court of the United States · 1924
- Southern Express Co. v. Rose Co.Supreme Court of Georgia · 1906
- Stephens v. Ohio State Telephone Co.District Court, N.D. Ohio · 1917
- Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
- Tift v. Southern Ry. Co.District Court, S.D. Georgia · 1903
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