Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Dey

Supreme Court of Iowa

Decided December 20, 1888PublishedCited by 25 opinions

Appeal from, an Order of Hon. S. H. Fair all, Judge of the Eighth Judicial District. Action in chancery in the district court of Johnson county to enjoin defendants from publishing and enforcing a schedule of rates, or tariff of charges, for the transportation of property by the railroads of the state. A temporary injunction was allowed by the How. S. H. Faieall, judge of the district court, and a motion to dissolve it was overruled.

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Appeal from, an Order of Hon. S. H. Fair all, Judge of the Eighth Judicial District. Action in chancery in the district court of Johnson county to enjoin defendants from publishing and enforcing a schedule of rates, or tariff of charges, for the transportation of property by the railroads of the state. A temporary injunction was allowed by the How. S. H. Faieall, judge of the district court, and a motion to dissolve it was overruled. The allowance of the injunction, and the order overruling the motion to dissolve it, were made by the judge at chambers. Defendants appeal from this action of…

1Opinion of the CourtBeck, J.

— I. The petition in this case alleges, among other matters, that the‘railroad commissioners of the state have adopted a “schedule of reasonable maximum rates of charges for transportation on freights 'and cars on and over the railroads of the state,” which, for the reason that the rates of charges thus fixed are unreasonable, and too low, and for other reasons, should not be enforced. The relief sought is that the defendants be enjoined from publishing the schedule preparatory to enforcing it; and from instituting proceedings and prosecutions for its enforcement. A temporary injunction was…

2Cases cited3 opinions

  1. Cutcomp v. UttSupreme Court of Iowa · 1882
  2. West v. FitzgeraldSupreme Court of Iowa · 1887
  3. State v. Waterloo Savings BankSupreme Court of Iowa · 1874

3Cited by25 opinions

  1. Home Savings & Trust Co. v. District Court of Pole CountySupreme Court of Iowa · 1903
  2. Stauffer v. Salimonie Mining & Gas Co.Indiana Supreme Court · 1897
  3. Reis v. Iowa District Court for Polk CountySupreme Court of Iowa · 2010
  4. Higgins v. AdelsonNebraska Supreme Court · 1936
  5. McDaniel v. HurtMississippi Supreme Court · 1906

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