Legal Opinion

F. H. Peavey & Co. v. Union Pac. R.

U.S. Circuit Court for the District of Western Missouri

Decided March 3, 1910No. Nos. 3,405, 3,437PublishedCited by 13 opinions

Bills by F. H. Peavey & Co. and others against the Union Pacific Railroad Company and the Interstate Commerce Commission, and by Plarry J. Diffenbaugh and others against the Interstate Commerce Commission, the Chicago & Alton Railroad Company and others, intervening. Decrees for complainants.

1Opinion of the Court

SANBORN, Circuit Judge.

Has the Interstate Commerce Commission the power to prohibit railroad companies from paying to the owners and lessees of elevators all compensation for the elevation of grain in transit?

Until June 29, 1908, repeated decisions of the commission and the practice of carriers and shippers had been consonant with a negative answer to this question. In the Matter of Allowances to Elevators by the Union Pacific R. R. Co. (June 25, 1904) 10 Interst. Com. R. 309, 324, 325, 326; In re Hearing on Petition of Chicago Great Western Ry. Co. et al. (April 9, 1907) 12 Interst. Com. R.…

2Cases cited23 opinions

  1. Marshall v. HolmesSupreme Court of the United States · 1891
  2. New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
  3. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  4. Gaines v. FuentesSupreme Court of the United States · 1876
  5. Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897

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

3Cited by13 opinions

  1. American Sugar Refining Co. v. Delaware, L. & W. R.Court of Appeals for the Third Circuit · 1913
  2. Atlantic Coast Line R. v. Interstate Commerce CommissionCommerce Court · 1911
  3. Procter & Gamble Co. v. United StatesCommerce Court · 1911
  4. Smith & Solomon Trucking Company v. United StatesDistrict Court, D. New Jersey · 1966
  5. Louisiana & P. Ry. Co. v. United StatesCommerce Court · 1913

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

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