TERRE HAUTE & c. RAILROAD CO. v. INDIANA

No. 264.

194 U.S. 579 (1904)

TERRE HAUTE AND INDIANAPOLIS RAILROAD COMPANY v. INDIANA ex rel. KETCHAM.

Supreme Court of United States.

Decided May 31, 1904.


Attorney(s) appearing for the Case

Mr. Lawrence Maxwell, Jr., and Mr. John G. Williams, with whom Mr. Samuel O. Pickens was on the brief, for plaintiff in error.

Mr. William A. Ketcham and Mr. Robert S. Taylor, with whom Mr. Roscoe O. Hawkins and Mr. Ferdinand Winter were on the brief, for defendant in error.


MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought by the State of Indiana to ascertain and to recover from the plaintiff in error the total net profits made by the latter over fifteen per cent on the true cost of construction of its railroad, from the time when the net earnings equalled that cost with ten per cent on the same added. The claim of the State was made under § 23 of the charter...

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