Legal Opinion

Southern Pacific Co. v. United States

United States Court of Claims

Decided May 16, 1921No. 34205Published

The Reporter’s statement of the case: The following are the material allegations of plaintiff’s petition: That plaintiff is a corporation duly organized and existing under the laws of Kentucky, and was, and now is engaged as a common carrier by railroad in the transportation of passengers and freight between the points referred to herein, either directly over its own lines or in conjunction with connecting carriers.

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The Reporter’s statement of the case: The following are the material allegations of plaintiff’s petition: That plaintiff is a corporation duly organized and existing under the laws of Kentucky, and was, and now is engaged as a common carrier by railroad in the transportation of passengers and freight between the points referred to herein, either directly over its own lines or in conjunction with connecting carriers. That under Acts of Congress granting lands in aid of railroads and regulating the expenditures of appropriations by the United States for Army transportation over such land-aided…

1Opinion of the Court

ORDER.

It is ordered by the court that the petition herein should be, and the same is hereby, dismissed. See memorandum.

MEMORANDUM BY THE COURT.

The question involved in this case is whether the Coast Guard at the time that the service herein sued for was rendered by the plaintiff, which is a land-grant railroad, was a part of the military organization of the United States in the sense that when the members of it traveled on official business the Government was entitled to a deduction allowed under the land-grant acts for the transportation of “ troops of the United States.” The act of January…

2Cases cited3 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1919
  2. Louisville & Nashville Railroad v. United StatesUnited States Court of Claims · 1919
  3. Union Pacific Railroad v. United StatesUnited States Court of Claims · 1917

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