Louisville & N. R. v. Railroad Commission of Tennessee
United States Circuit Court
Application for Preliminary Injunction. The Louisville & Nashville Railroad Company filed its bill alleging that it was a Kentucky corporation, extending its road into the state of Tennessee by authority of the laws of the latter state; that by other laws passed for the purpose it had been authorized to acquire and to consolidate with other roads extending into neighboring states; that by its charter, and the charters of the other roads so acquired by it, there were fixed…
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Application for Preliminary Injunction. The Louisville & Nashville Railroad Company filed its bill alleging that it was a Kentucky corporation, extending its road into the state of Tennessee by authority of the laws of the latter state; that by other laws passed for the purpose it had been authorized to acquire and to consolidate with other roads extending into neighboring states; that by its charter, and the charters of the other roads so acquired by it, there were fixed certain maximum rates of charges for transportation, which conferred a contract right to establish its own rates within…
1Opinion of the CourtBaxter, J.
The complainant, the Louisville & Nashville Railroad Company, claims to be a corporation and citizen of Kentucky, and the defendants are the “railroad commission,” appointed under and pursuant to the act of March 30, 1883. The provisions of this act,, so far as they are material, will be recited in the progress of this opinion. It is enough, for the present, to say that it purports to vest the defendants with general supervision of all the railroads and railroad operations in Tennessee. The complainant, who owns and operates several railroads in the state, contends—First, that said act was…
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