Legal Opinion

Campbell River Mills Co. v. Chicago, M., St. P. & P. R. Co.

District Court, W.D. Washington

Decided July 11, 1930No. 402PublishedCited by 3 opinions

The plaintiff, owner of a large contiguous tract of timber lying in British Columbia and the United States, northerly of a place known as Columbia Valley in the United States, in 1922 constructed a logging railroad into this land from the United States for the purpose of logging the same, and made physical connection, with the consent of the defendant, with the defendant’s railroad at Columbia.

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The plaintiff, owner of a large contiguous tract of timber lying in British Columbia and the United States, northerly of a place known as Columbia Valley in the United States, in 1922 constructed a logging railroad into this land from the United States for the purpose of logging the same, and made physical connection, with the consent of the defendant, with the defendant’s railroad at Columbia. The logging road is, and was, a private carrier-. It owned a locomotive -and operated it with its own crew, and used logging trucks furnished by the defendant for bringing the logs from the forest and…

1Opinion of the Court

NETERER, District Judge.

The state court admittedly had jurisdiction of the parties, but defendant challenges its jurisdiction of the subject-matter. Regulation of interstate commerce is exclusive in the federal courts only in exceptional eases where the jurisdiction is restricted by Congress. Grubb v. Public Utilities of Ohio, etc., 281 U. S. 470, 50 S. Ct. 374, 74 L. Ed. 972, decided May 19, 1930. There is no restriction here. This identical issue; the validity of the order of the Public Service Commission, was presented to and determined by the state court. The computation as to the amount…

2Cases cited26 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Savage v. JonesSupreme Court of the United States · 1912
  3. Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
  4. Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
  5. Dowell v. ApplegateSupreme Court of the United States · 1894

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

3Cited by3 opinions

  1. Chicago, M., St. P. & P. R. Co. v. Campbell River Mills Co.Court of Appeals for the Ninth Circuit · 1931
  2. Sauk River Lumber Co. v. Northern Pacific Ry. Co.District Court, W.D. Washington · 1931
  3. United States v. WhiffenCourt of Appeals for the First Circuit · 1997

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