Legal Opinion

McChord v. Louisville & Nashville Railroad

Supreme Court of the United States

Decided January 6, 1902No. 141, 142, 143, 144, 145PublishedCited by 46 opinions

APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. These are appeals from the final decrees of the Circuit Court of the United States for the District of Kentucky, perpetually enjoining Charles C. McChord and others, railroad commissioners of the State of Kentucky, from doing any of the things required by, or from taking any action whatever against complainants under a certain act of the general assembly of the Commonwealth of Kentucky,…

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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. These are appeals from the final decrees of the Circuit Court of the United States for the District of Kentucky, perpetually enjoining Charles C. McChord and others, railroad commissioners of the State of Kentucky, from doing any of the things required by, or from taking any action whatever against complainants under a certain act of the general assembly of the Commonwealth of Kentucky, approved March 10, 1900, c. 2, which, is entitled and reads as follows: “ An act to prevent railroad companies or corporations…

1Opinion of the CourtChief Justice Fuller

By the decrees the Sailroad Commission of the Commonwealth of Kentucky was permanently restrained from proceeding under the act of March 10, 1900, which was alleged and held to be unconstitutional.

Conceding that the mere fact that a duly enacted law is unconstitutional does not entitle a party to relief by injunction against proceedings in compliance therewith, it is contended that ground of equity jurisdiction existed here in the want of adequate remedy by the ordinary processes of-law for the threatened consequences of the exercise of the power to fix rates in multiplicity of suits and…

2Cases cited3 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  3. New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896

3Cited by46 opinions

  1. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  2. Louisville & Nashville Railroad v. GarrettSupreme Court of the United States · 1913
  3. Petroleum Exploration, Inc. v. Public Service CommissionSupreme Court of the United States · 1938
  4. United States v. Los Angeles & Salt Lake RailroadSupreme Court of the United States · 1927
  5. Gilde v. Superior CourtCalifornia Supreme Court · 1905

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