Covington El Railroad Transfer Bridge Co v. Commonwealth of Kentucky

Decision Date26 May 1894
Docket NumberNo. 1,043,1,043
Citation14 S.Ct. 1094,154 U.S. 224,38 L.Ed. 970
PartiesCOVINGTON & C. EL. RAILROAD & TRANSFER & BRIDGE CO. v. COMMONWEALTH OF KENTUCKY
CourtU.S. Supreme Court

Wm. J. Hendrick, Atty. Gen. Ky., and Wm. Goebel, for the commonwealth.

Mr. Justice BROWN delivered the opinion of the court.

This case differs from the last only in the fact that the plaintiff in error was not incorporated until 1886, and subsequently to a general law of the state declaring that all charters and grants of or to corporations shall be subject to amendment or repeal at the will of the legislature. Conceding that these words became a part of its charter, and hence that no contract was impaired by the legislation of 1890, such legislation is still open to the objection, found to exist in the former case, that it is in conflict with the interstate commerce clause of the constitution.

The judgment of the court of appeals of Kentucky is therefore reversed, and the case remanded to that court for further proceedings.

Mr. Chief Justice FULLER, Mr. Justice FIELD, Mr. Justice GRAY, and Mr. Justice WHITE concurred in the judgment of reversal, for the like reasons as in the case of Covington Bridge Co. v. Kentucky, 14 Sup. Ct. 1087.

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4 cases
  • Western Union Telegraph Co. v. Lee
    • United States
    • Kentucky Court of Appeals
    • 23 Febrero 1917
    ... ... v. LEE. Court of Appeals of Kentucky. February 23, 1917 ...          Appeal ... Congress. Covington & Cin. Bridge Co. v. Kentucky, ... 154 U.S ... 672, a tax upon the receipts ... from railroad shipments between points in Pennsylvania, which ... ...
  • Commonwealth of Kentucky v. Powers
    • United States
    • U.S. District Court — Eastern District of Kentucky
    • 7 Julio 1905
    ... ... effect has been to work a transfer of jurisdiction. Those ... proceedings were begun in the Scott circuit ... 224, 14 Sup.Ct 1094, 38 L.Ed. 970; ... Henderson Bridge Co. v. Kentucky, 166 U.S. 150, 17 ... Sup.Ct. 532, 41 L.Ed. 953; ... ...
  • Interstate Motor Transit Co. v. Kuykendall
    • United States
    • U.S. District Court — Western District of Washington
    • 21 Noviembre 1922
    ... ... 622, 37 L.Ed ... 463; Covington Bridge Co. v. Ky., 154 U.S. 224, 14 ... Sup.Ct ... ...
  • Public Service Comm. of State of N.Y. v. New York Cent. R.R. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Septiembre 1957
    ...302 U.S. 1, 58 S.Ct. 87, 82 L.Ed. 3; Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315; Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 224, 14 S.Ct. 1094, 38 L.Ed. 970; Port Richmond & Bergen Point Ferry Co. v. Hudson County, 234 U.S. 317, 34 S.Ct. 821, 58 L.Ed. 1330; Railr......

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