Legal Opinion

Little Rock & M. R. v. St. Louis S. W. Ry. Co.

Court of Appeals for the Eighth Circuit

Decided September 24, 1894No. Nos. 394, 399; Nos. 395, 398; Nos. 396, 397PublishedCited by 23 opinions

Appeals from and Writs of Error to the Circuit Court of the United States for the Eastern District of Arkansas. These were six suits which were brought, by the Little Rock & Memphis Railroad Company against the St. Louis Southwestern Railway Company, the St. Louis, Iron Mountain & Southern Railway Company, and the Little Rock & Ft.

Read the full summary

Appeals from and Writs of Error to the Circuit Court of the United States for the Eastern District of Arkansas. These were six suits which were brought, by the Little Rock & Memphis Railroad Company against the St. Louis Southwestern Railway Company, the St. Louis, Iron Mountain & Southern Railway Company, and the Little Rock & Ft. Smith Railway Company, for alleged violations of the third section of the interstate commerce law (24 Stat. 379, 380). A suit at law and a bill in equity wore filed against each of The defendant companies above named, in which the Little Rock & Memphis Railroad…

1Opinion of the CourtThayer, Circuit Judge

It will be observed that the sole question in the cases filed against the St. Louis, Iron Mountain & Southern Railway Company concerns the right of that company to require the prepayment of freight charges on all property tendered to it for transportation at Little Rock by the Little Rock & Memphis Railroad Company, while it pursues a different practice with respect to freight: received from other shippers at that station. At common law a railroad corporation has an undoubted right to require the prepayment of freight charges by all its customers, or SQme of them, as it may think best. It has…

2Cases cited3 opinions

  1. Kentucky & I. Bridge Co. v. Louisville & N. R. Co.U.S. Circuit Court for the District of Kentucky · 1889
  2. Oregon Short Line & U. N. Ry. Co. v. Northern Pac. R. Co.U.S. Circuit Court for the District of Oregon · 1892
  3. Little Rock & M. R. Co. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890

3Cited by23 opinions

  1. Hocking Valley Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
  2. Post v. RailroadTennessee Supreme Court · 1899
  3. Southern Indiana Exp. Co. v. United States Exp. Co.U.S. Circuit Court for the District of Indiana · 1898
  4. Gamble-Robinson Commission Co. v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1909
  5. Swift & Co. v. WallaceCourt of Appeals for the Seventh Circuit · 1939

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API