Union Stockyards Co. v. United States
Citations
- 169 F. 404
- 94 C.C.A. 626
- 1909 U.S. App. LEXIS 4592
Syllabus
<p>Commerce (§ 27*)—Carriers—Interstate Commerce—Stockyards Company Conducting Part of Transportation by Railroad for Carriers— Safety Appliance Law—“Common Carrier Engaged in Interstate Commerce.”</p> <p>A stockyards company which owns and maintains at a large shipping point an extensive stockyards which is in effect the live stock depot of all the railroad companies doing business at that point, and which owns and maintains several miles of railroad tracks extending over its own premises from its stockyards to a transfer track (also on its own premises) connecting with the several tracks of the railroad companies, and which by means of its own locomotives and servants transports for hire over its tracks all shipments of live stock accepted by the railroad companies for carriage to and. from such stockyards, including such shipments as are interstate, is a common carrier engaged in interstate commerce by railroad within the meaning of the safety appliance law of Congress, although the cars in which it transports such shipments are in every instance the cars of the railroad company from which the shipment is received or to which it is delivered at the transfer track, and although the stockyards company does not collect the compensation for its service directly from the shippers or consignees, but only from the railroad companies delivering the loaded cars to it, or receiving them from it, at the transfer track, and although its service is performed and its com- ' pensation is paid in accordance with a contract between it and the railroad companies.</p> <p>[Ed. Note.—For other cases, see Commerce, Dec. Dig. § 27.*]</p> <p>(Syllabus by the Court)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- directing defendant to give notice to absent unions who “may then join . . . as parties plaintiff,” or if they do not, “they will be brought in as parties defendant”
- “[A] claim[] on behalf of . . . a primary defendant, against the plaintiff . . . is within the definition of a counterclaim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Devanter, Munger
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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