Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Texas

Supreme Court of the United States

Decided February 25, 1907No. 2PublishedCited by 128 opinions

ERROR TO THE SUPREME COURT OP THE STATE OF TEXAS. In the District. Court of Tarrant County, Texas, on July 28, 1902, the State-of Texas recovered a judgment .against .'the Gulf, Colorado arid Santa Fé Railway Company for one hundred dollars as -a penalty for extortion in a charge for 'the transportation of a carload of corn from Texarkana, Texas, to Goldthwaite, Texas. This judgment was sustained by both the Court of Civil Appeals, 32 Tex. Civ.

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ERROR TO THE SUPREME COURT OP THE STATE OF TEXAS. In the District. Court of Tarrant County, Texas, on July 28, 1902, the State-of Texas recovered a judgment .against .'the Gulf, Colorado arid Santa Fé Railway Company for one hundred dollars as -a penalty for extortion in a charge for 'the transportation of a carload of corn from Texarkana, Texas, to Goldthwaite, Texas. This judgment was sustained by both the Court of Civil Appeals, 32 Tex. Civ. App. 1, and the.Sü-' preme Court of the State. 97 Texas, 274. Thereupon the railway-company brought the case here on a writ-of-error. ’ The case was…

1Opinion of the Court

Mr. Justice Brewer,

after making-the foregoing statement, ..delivered the opinion of the court.

The single question in' the case is whether, as' between Texarkana and Goldthwaite-,' this was an interstate ship-merit. If so the . regulations of the state railroad commission, do not control, and.the court erred in enforcing the penalty. If, however, it was a purely local shipment, the judgment below was right and should be sustained.

The facts are settled , by the special findings, those findings being conclusive upon this court. Dower v. Richards, 151 U. S. 658; Egan v. Hart, 165 U. S. 188;…

2Cases cited5 opinions

  1. Coe v. ErrolSupreme Court of the United States · 1886
  2. Dower v. RichardsSupreme Court of the United States · 1894
  3. Clipper Mining Co. v. Eli Mining & Land Co.Supreme Court of the United States · 1904
  4. Egan v. HartSupreme Court of the United States · 1897
  5. Thayer v. SprattSupreme Court of the United States · 1903

3Cited by128 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
  3. Baltimore & Ohio Southwestern Railroad v. SettleSupreme Court of the United States · 1922
  4. Railroad Commission of Ohio v. Worthington, Receiver of Wheeling & Lake Erie Railroad CompanySupreme Court of the United States · 1912
  5. Chicago, Milwaukee & St. Paul Railway Co. v. IowaSupreme Court of the United States · 1914

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