Fleitmann Ex Rel. Stockholders of the Consolidated Street Lighting Co. v. Welsbach Street Lighting Co.

Citations

• 240 U.S. 27
• 36 S. Ct. 233
• 60 L. Ed. 505
• 1916 U.S. LEXIS 1419

Syllabus

<p>When the penalty of triple damages is sought under § 7 of the AntiTrust Act the liability can only be enforced through the verdict of a jury in a court of common law.</p> <p>While under the Act of October 15,1914, private parties can obtain an injunction against threatened loss, that act, in terms, goes no farther.</p> <p>A suit in equity by a single .stockholder of a corporation against that and other corporations to require the latter to pay to the former threefold damages under § 7 of the Sherman Act cannot be maintained, nor, in such a case, can there be a decree requiring the corporation of which plaintiff is a stockholder to sue the other corpora- • tions or permitting him to sue in its name and on its behalf.</p> <p>211 Fed. Rep. 103, affirmed.</p>