108 U.S. 24 (1883), St. Louis, I.M. & S. Ry. Co. v. Southern Express Co.

Citation108 U.S. 24, 2 S.Ct. 6, 27 L.Ed. 638
Case DateJanuary 29, 1883
CourtUnited States Supreme Court

Page 24

108 U.S. 24 (1883)

2 S.Ct. 6, 27 L.Ed. 638


ST. LOUIS, I. M. & S. RY. CO.



United States Supreme Court.

January 29, 1883

Appeal from the Circuit Court of the United States for the Eastern District of Missouri.* On motion to dismiss.

* See 10 F. 210, 869.


[2 S.Ct. 6] Jas. O. Broadhead, John F. Dillon, and Wager Swayne, for appellant.

S. F. Glover, John R. Shepley, S. M. Breckinridge, and Clarence A. Seward, for appellee.



The Southern Express Company, an express carrier, filed its bill in equity against the St. Louis, Iron Mountain & Southern Railway Company, in the circuit court for the eastern district of Missouri, to enjoin the railway company from interfering with or disturbing the express company in the enjoyment of the facilities it then had for the transaction of its express business over the railway company's railroad, so long as the

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express company conformed to the regulations of the railway company and paid all lawful charges for the business. A preliminary injunction was asked for, and, in this connection, the bill prayed that if any dispute or disagreement should arise between the parties during the pendency of the suit, upon the question of compensation to be paid for transportation, the express company might be permitted to bring the same before the court for decision by way of an interlocutory application. On the filing of the bill the preliminary injunction was granted, which was afterwards modified in some particulars affecting the compensation to be paid and the mode of doing the business.

[2 S.Ct. 7] On the twenty-fifth of March, 1882, the court entered a decree containing the following provisions:

'(5) That it is the duty of the defendant to carry the express matter of the plaintiff's company, and the messengers or agents in charge thereof, at a just and reasonable rate of compensation, and that such rate of compensation is to be found and established as a unit, and is to include as well the transportation of such messengers or agents as of the express matter in their custody and under their control.'

'(10) Whereas, it is alleged by complainant that since the commencement of this suit, and the service of the preliminary order of injunction herein, the defendant has, in violation of said injunction and of the rights of complainant, made unjust discriminations against complainant, and has charged complainant unjust and unreasonable rates for carrying express matter, therefore it is ordered that complainant have leave hereafter to apply for an investigation of these and similar allegations, and for such order with respect thereto as the facts, when ascertained, may justify, and for the appointment of a...

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