Chicago Milwaukee St. Paul Railway Company v. Kennedy/Opinion of the Court

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Opinion of the Court

United States Supreme Court

232 U.S. 626

Chicago Milwaukee St. Paul Railway Company  v.  Kennedy

 Argued: March 9, 1914. --- Decided: March 16, 1914


The ground upon which it is asserted in this case that the statute of the state of South Dakota, upon which the judgment of the court below here under review was based, is repugnant to the Constitution of the United States, was considered and held to be well taken in a case decided this term. Chicago, M. & St. P. R. Co. v. Polt, 232 U.S. 165, 58 l. ed. --, 34, Sup. Ct. Rep. 301. As that decision is conclusive upon all the issues here presented, and establishes that the statute in question is inconsistent with the Constitution and void, it results that, for the reasons stated in the case referred to, the judgment in this case must be reversed, and the case remanded to the court below for further proceedings not inconsistent with this opinion.

Reversed.

Notes[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).