Legal Opinion

Eastern Railroad v. United States

Supreme Court of the United States

Decided February 4, 1889No. 134PublishedCited by 5 opinions

APPEAL PROM THE COURT OF CLAIMS. Decided February 4, 1889. The case was stated-thus by the court in its opinion. . The. claim upon which this action is brought is for the balance alleged to' be due the appellant for carrying the mails of the United States on certain routes, between July 1, 1878, and June 30, 1881. It appears from the findings of fact that this company, for some years prior to March 31, 1877, carried the mails on each one of thirteen routes, under written…

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APPEAL PROM THE COURT OF CLAIMS. Decided February 4, 1889. The case was stated-thus by the court in its opinion. . The. claim upon which this action is brought is for the balance alleged to' be due the appellant for carrying the mails of the United States on certain routes, between July 1, 1878, and June 30, 1881. It appears from the findings of fact that this company, for some years prior to March 31, 1877, carried the mails on each one of thirteen routes, under written contracts with the Postmaster General prescribing the compensation it was to receive for such services. The last one of…

1Opinion of the Court

Me. JustiCe IIaelAN

delivered the opinion of the court. After stating the case he continued. -

After the first of July, 1817, the company was under no legal obligation to carry the mails. It carried them after that date under an implied contract that it should receive sucfy compensation as was reasonable, not exceeding the maximum rates prescribed by Congress, and subject to a readjustment of rates as required by the act of 1876. Such readjustment took place on the 20th of December, 1877. If the order made by the Postmaster General on that day, fixing certain rates, upon the basis of a…

2Cases cited1 opinion

  1. Chicago & Northwestern Railway Co. v. United StatesSupreme Court of the United States · 1882

3Cited by5 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1912
  2. United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
  3. Boston Insurance v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
  4. Lewis Pub. Co. v. WymanU.S. Circuit Court for the District of Eastern Missouri · 1907
  5. Chicago, Milwaukee & St. Paul Railway Co. v. United StatesSupreme Court of the United States · 1905

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