Legal Opinion

State v. Missouri Pacific Railway Co.

Nebraska Supreme Court

Decided May 21, 1902No. 11,269PublishedCited by 6 opinions

Original action by the state to recover penalties provided for a violation of the maximum freight rate law.

1Opinion of the CourtSullivan, C. J.

This action was commenced in this court to recover the sum of $435,000 claimed by the state from the Missouri Pacific Railway Company on account of nineteen alleged violations of the act of 1893, commonly known as the “Maximum Freight Rate Law.” No question is made as to the validity of the statute, and the defendant, by its counsel, disclaims any wish or intention to evade responsibility for the acts described in the petition. It denies, however, that the case is one which this court has original authority to hear and determine. The argument urged in support of the jurisdictional objection…

2Cases cited3 opinions

  1. Faunce v. PeopleIllinois Supreme Court · 1869
  2. State ex rel. Weideman v. HorganSupreme Court of Minnesota · 1893
  3. State v. SinnottNebraska Supreme Court · 1884

3Cited by6 opinions

  1. People Ex Rel. Mayfield v. City of SpringfieldIllinois Supreme Court · 1959
  2. Petersen v. Civil Service BoardCalifornia Court of Appeal · 1924
  3. State v. KnolesNebraska Supreme Court · 1977
  4. Western Union Telegraph Co. v. StateNebraska Supreme Court · 1910
  5. Opinion No. (1981), Nebraska Attorney General Reports1981

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