MO., KANS. & TEX. RY. v. UNITED STATES

No. 25.

235 U.S. 37 (1914)

MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided November 9, 1914.


Attorney(s) appearing for the Case

Mr. H.S. Priest and Mr. Joseph M. Bryson, with whom Mr. A.B. Browne, Mr. C.L. Jackson, Mr. W.W. Brown and Mr. Alexander Britton were on the brief, for appellant.

The Solicitor General and Mr. Assistant Attorney General Thompson for the United States.


MR. JUSTICE HOLMES delivered the opinion of the court.

This claim, as construed by the claimant and appellant is based upon covenants supposed to be imported by an act of Congress of July 25, 1866, c. 241, § 9. 14 Stat. 236. Upon demurrer it was dismissed by the Court of Claims. 47 C. Cl. 59. The largeness of the demand tends to induce a correspondingly voluminous statement, but the issue really is narrow and the material facts are few.

The United States...

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