Legal Opinion

Ohio River & Western Railway Co. v. Dittey

Supreme Court of the United States

Decided February 24, 1914No. Nos. 642, 643PublishedCited by 35 opinions

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. These suits were brought in the United States District Court for the Southern District of Ohio (Eastern Division) by appellants, which are Ohio railroad corporations, to enjoin the certification and collection by appellees of a tax which the State was seeking to enforce upon the privilege of carrying on business in that State.

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APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. These suits were brought in the United States District Court for the Southern District of Ohio (Eastern Division) by appellants, which are Ohio railroad corporations, to enjoin the certification and collection by appellees of a tax which the State was seeking to enforce upon the privilege of carrying on business in that State. This tax appellants claimed to be in violation of the due process and equal protection clauses of the Fourteenth Amendment and of the commerce clause of the Federal Constitution, and…

1Opinion of the CourtJustice Pitney

These two cases depend upon practically identical facts, and present the same questions of law.

The Federal jurisdiction arose because of the Federal questions presented in the record, and did not depend upon diversity of citizenship; and it extends of course to *587the determination of all the questions presented, irrespective of the disposition that may be made of the Federal questions. Siler v. Louisville & Nashville R. Co., 213 U. S. 175, 191; Michigan Central R. Co. v. Vreeland, 227 U. S. 59, 63.

The right to invoke the equity jurisdiction is clear; for the Act specifically makes the tax a…

2Cases cited15 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  3. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  4. Taylor v. SecorSupreme Court of the United States · 1876
  5. Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909

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3Cited by35 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. Greene v. Louisville & Interurban RailroadSupreme Court of the United States · 1917
  3. New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
  4. Louisville & Nashville Railroad v. GreeneSupreme Court of the United States · 1917
  5. Chicago Great Western Railway Co. v. KendallSupreme Court of the United States · 1924

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

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