A.T. & S. RAILROAD v. D. & N.O. RAILROAD.


110 U.S. 667 (1884)

ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY v. DENVER & NEW ORLEANS RAILROAD COMPANY. DENVER & NEW ORLEANS RAILROAD COMPANY v. ATCHISON, TOPEKA & SANTE FE RAILROAD COMPANY.

Supreme Court of United States.

Decided March 3d, 1884.


Attorney(s) appearing for the Case

Mr. H.C. Thatcher, Mr. Charles E. Gast, Mr. George R. Peck and Mr. William M. Evarts for the Atchison, Topeka & Santa Fé Railroad Company.

Mr. E.T. Wells for the Denver & New Orleans Railroad Company.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court. After reciting the facts in the foregoing language he continued:

The case has been presented by counsel in two aspects:

1. In view of the requirements of the Constitution of Colorado alone; and

2. In view of the constitutional and common-law obligations of railroad companies in Colorado as common carriers.

We will first consider the requirements of the Constitution; and here it may...

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