Legal Opinion

Louisville & N. R. v. Railroad Commission of Alabama

U.S. Circuit Court for the District of Middle Alabama

Decided October 25, 1911No. 270PublishedCited by 1 opinion

■ In Equity. Suit by the Louisville* & Nashville Railroad! Company against the Railroad Commission of Alabama and others. On demurrer to bill. The complainant filed this bill to enjoin the Railroad Commission of Alabama and the Attorney General of Alabama from enforcing an order made by the commission requiring complainant to stop all of its passenger trains at what is known as the “Terminal Depot” in Mobile.

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■ In Equity. Suit by the Louisville* & Nashville Railroad! Company against the Railroad Commission of Alabama and others. On demurrer to bill. The complainant filed this bill to enjoin the Railroad Commission of Alabama and the Attorney General of Alabama from enforcing an order made by the commission requiring complainant to stop all of its passenger trains at what is known as the “Terminal Depot” in Mobile. At the time the bill was filed, a statute was in force providing, in substance, that any common carrier could contest the validity or fairness or reasonableness of any order of the…

1Opinion of the CourtJones, District Judge

(after stating the facts as above). The bill was filed many months since by' the Rouisville & Nashville Railroad Company against the Attorney General and the Railroad Commission of Alabama to enjoin the enforcement of an order of the commission regarding the entrance of its passenger trains into a union passenger depot in the city of Mobile. At one time a decree pro confesso was taken, for want of an answer, which was subsequently set aside. Then the bill was amended at different times to meet changes in the personnel of the Railroad Commission. Counsel on both sides were engaged in the rate…

2Cases cited18 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  4. Ex Parte VirginiaSupreme Court of the United States · 1880
  5. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897

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3Cited by1 opinion

  1. Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913

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