Opinion · Supreme Court of the United States

Erb v. Morasch

177 U.S. 584

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1900-05-14
Topic
general

Mr. Justice Brewer delivered tbe opinion of tbe court. While in tbeir briefs many matters are discussed with full *585 ness and elaboration by counsel for plaintiff in error we are of opinion that those of a Federal nature involved in this record are few in number and ' practically determined by previous decisions of this court. Of course, all questions arising under the constitution and laws of Kansas aré, for the purposes of this case, foreclosed by the decisions of the state courts. Turner v.

Citator

UpLaw has not yet analyzed Erb v. Morasch. The absence of a flag is not a finding that it is good law.

Cited by
75 opinions

Headnotes

  1. Federal Courts & Jurisdiction — State Law Questions Questions arising under a state's constitution and laws are, for purposes of federal review, conclusively determined by the decisions of that state's courts. 177 U.S. at 585
  2. General — Receivers — Operation of Railroad — Compliance with State Law A receiver appointed by a federal court to take charge of a railroad has the duty to operate the road according to the laws of the state in which it is situated. 177 U.S. at 585
  3. General — Receivers — Suits Against — State Court Jurisdiction A federally appointed receiver is liable to be sued in a court other than the one that appointed him, including a state court, for a disregard of official duty that causes injury to the party suing. 177 U.S. at 585
  4. General — Commerce — State Regulation of Interstate Trains — Speed Limits A city, when authorized by the legislature, may regulate the speed of railroad trains within its limits, and such regulation extends to interstate trains because it affects interstate commerce only indirectly and remains within state power until Congress acts on the subject. 177 U.S. at 585
  5. Constitutional Law — Equal Protection An ordinance exempting a particular railroad from a general city speed limit does not deny equal protection of the laws, because tracks of different railroads may traverse a city under circumstances so essentially different—such as differing levels of street and foot traffic or differing feasibility of fencing—as to justify separate regulations, and with the presumption of validity the courts will presume such differences exist. 177 U.S. at 586
  6. Constitutional Law — Equal Protection Where a factual difference among the regulated railroads exists, it is for the legislative body, not for witnesses or juries, to determine whether separate regulations shall apply; the validity of the ordinance does not depend on opinion testimony or a jury finding that one railroad is more dangerous than another, since it is enough that a difference exists. 177 U.S. at 587