Legal Opinion

Railway Co. v. McShane

Supreme Court of the United States

Decided January 18, 1875No. 491PublishedCited by 73 opinions

Appeals from the Circuit Court of the United States for the District of Nebraska; in which court the Union Pacific Railroad Company filed a bill to enjoin one McShane and other persons, severally treasurers of different counties in the said State, through which the road ran, and in which it had lands, from the collection of taxes assessed upon them. There were also cross-bills.

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Appeals from the Circuit Court of the United States for the District of Nebraska; in which court the Union Pacific Railroad Company filed a bill to enjoin one McShane and other persons, severally treasurers of different counties in the said State, through which the road ran, and in which it had lands, from the collection of taxes assessed upon them. There were also cross-bills. The case was thus: An act of July 1st, 1862, creating the Union Pacific Railroad, enacted*— “ Section 3. That there is hereby granted to the said company for the purpose of aiding in the construction of said railroad .…

1Opinion of the CourtJustice Miller

We will take up, without restating them, the three several propositions which present the grounds on which the exemption from State taxation is claimed, * and in examining their legal bearing on the case will at the same time, where it is necessary, inquire how far they are supported by the facts of the case, and will then look into the other matters set up by way of defence.

The first and second of the propositions relied on by the railroad company are supposed to find sufiicient support in the case of Railway Company v. Rrescott. †

That was a suit by the Kansas Branch of the Union Pacific…

2Cited by73 opinions

  1. Armstrong v. Exceptional Child Center, Inc.Supreme Court of the United States · 2015
  2. United States v. RickertSupreme Court of the United States · 1903
  3. Van Brocklin v. TennesseeSupreme Court of the United States · 1886
  4. S. R. A., Inc. v. MinnesotaSupreme Court of the United States · 1946
  5. Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890

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