Higginson v. Chicago, B. & Q. R. Co.

Citations

• 100 F. 235
• 1900 U.S. App. LEXIS 5094

Syllabus

<p>1. Cakrteks — Boaud of Transportation.-Maximum Rate Law.</p> <p>The act o£ the Nebraska legislature adopted in 1887, creating a board of transportation, and vesting such board with certain powers, was not repealed by the act of 1893 known as the “Maximum Rate Law.”</p> <p>2. Same — Injunction.</p> <p>The injunction granted in this case by the supreme court was based upon the finding that the maximum rates prescribed by the act of 1893, when considered as an entirety, would not yield to the carrier a reasonable compensation.</p> <p>3. Same.</p> <p>The injunction did not restrain the board of transportation from inquiring into and fixing a reasonable rate for specific or particular articles.</p> <p>4. Same.</p> <p>It is not necessary for the board of transportation to apply for a modification of the injunction to enable them to perform acts which were not included in the restraining order.</p> <p>(Syllabus by the Court.)</p>