Legal Opinion

Western Pacific Railroad v. United States

Supreme Court of the United States

Decided January 15, 1919No. 136PublishedCited by 13 opinions

APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. We are here concerned with the case of a final carrier of interline interstate movements, and it. is immaterial whether land-grant mileage was directly involved in any movement embraced in the claim, or' whether the shipments were routed entirely over non-land-grant lines. In the first case the land-grant factor would be injected by the land-grant act applicable.

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APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. We are here concerned with the case of a final carrier of interline interstate movements, and it. is immaterial whether land-grant mileage was directly involved in any movement embraced in the claim, or' whether the shipments were routed entirely over non-land-grant lines. In the first case the land-grant factor would be injected by the land-grant act applicable. In the latter case the land-grant factor would be injected solely by the equalization ■agreements entered into by the railroads generally with the Quartermaster…

1Opinion of the CourtJustice McKenna

-delivered the opinion of the court... -The basic proposition in this case, and most of its subsidiary considerations, are the same as in- No. 134, ante, 339. It was argued at the same time as the latter case,. and, as in that case, it is to recover amounts withheld by the accounting officers of thé Government .as land-grant deductions in settlements for transportation" óf the personal effects of Army officers..

It is asserted, however, that this , action differs from No. 134' in that the Western Pacific Railroad was not completed and in operation until 1910 so that.it is said “there is absent…

2Cited by13 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. St. L., B. & M. Ry. v. United StatesSupreme Court of the United States · 1925
  3. Southern Pacific Co. v. United StatesSupreme Court of the United States · 1925
  4. St. Louis, Brownsville & Mexico Railway Co. v. United StatesSupreme Court of the United States · 1925
  5. United States v. Mason & Dixon Lines, Inc.Court of Appeals for the Sixth Circuit · 1955

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