Southern Pacific R. Co. v. Arizona

Citations

• 249 U.S. 472
• 39 S. Ct. 313
• 63 L. Ed. 713
• 1919 U.S. LEXIS 2106

Syllabus

<p>Whether a shipment was at a given time interstate is a question of fact. P.477.</p> <p>Evidence held insufficient to prove that a traveling show was moving • interstate, at the time of proceedings before a state commission, to require transportation within the State and fix the rate. Id.</p> <p>The mere intention to continue the. tour of a traveling show beyond the State where it was performing, held not enough to give interstate character to a contemplated journey within the State. Id.</p> <p>A claim of federal right which was not set up in the state court and made in the assignments of error held not open in this court. P. 478.</p> <p>Semble, that when required by a state commission to transport a traveling show at a rate which is not objected to and upon terms the same as it has habitually and voluntarily agreed to in like casos; a railroad company has no ground to complain that it is thus deprived of its liberty to make or refuse a contract as a private carrier, in violation of the equal protection and due process clauses of the Fourteenth Amendment. P 478.</p>