Norfolk-Southern Railroad v. Owens

Supreme Court

Norfolk-Southern Railroad v. Owens

256 U.S. 565, 41 S. Ct. 597, 65 L. Ed. 1093, 1921 U.S. LEXIS 1588

CourtSupreme Court of the United States

DecidedJune 1, 1921

Docket223

StatusPublished

Cited by7 cases

This text of 256 U.S. 565 (Norfolk-Southern Railroad v. Owens) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Norfolk-Southern Railroad v. Owens, 256 U.S. 565, 41 S. Ct. 597, 65 L. Ed. 1093, 1921 U.S. LEXIS 1588 (1921).

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Opinion

*566 Mr. Justice Brandéis

delivered the opinion of the court.

This case comes here on writ of certiorari (251 U. S. 550) to the Supreme Court of North Carolina, which affirmed (178 N. Car. 325) a judgment of $21 against the Norfolk-Southern Railroad Company in favor of Owens, a shipper. The amount was assessed under a statute of the State as a penalty for undue delay in making delivery of an intrastate'shipment made March 27, 1918. At that time the railroad was in the possession and control of the Government, and was being operated by the Director General under the Federal Control Act of March 21, 1918, c. 25, 40 Stat. 451. The only question presented for decision is whether the company was liable for the penalty. We are of opinion that it was not, for the reasons stated in Missouri Pacific R. R. Co. v. Ault, decided this day, ante, 554.

Reversed.

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*566 Mr. Justice Brandéis

delivered the opinion of the court.

This case comes here on writ of certiorari (251 U. S. 550) to the Supreme Court of North Carolina, which affirmed (178 N. Car. 325) a judgment of $21 against the Norfolk-Southern Railroad Company in favor of Owens, a shipper. The amount was assessed under a statute of the State as a penalty for undue delay in making delivery of an intrastate'shipment made March 27, 1918. At that time the railroad was in the possession and control of the Government, and was being operated by the Director General under the Federal Control Act of March 21, 1918, c. 25, 40 Stat. 451. The only question presented for decision is whether the company was liable for the penalty. We are of opinion that it was not, for the reasons stated in Missouri Pacific R. R. Co. v. Ault, decided this day, ante, 554.

Reversed.

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Bluebook (online)

256 U.S. 565, 41 S. Ct. 597, 65 L. Ed. 1093, 1921 U.S. LEXIS 1588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-southern-railroad-v-owens-scotus-1921.

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