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Atchison, Topeka & Santa Fe Ry. Co. v. Vosburg, 238 U.S. 56 (1915)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Atchison, Topeka & Santa Fe Ry. Co. v. Vosburg, 238 U.S. 56 (1915)
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Atchison, Topeka & Santa Fe Railway Company v. Vosburg No. 189 Submitted March 10, 1915 Decided June 1, 1915 238 U.S. 56
ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS
Syllabus
Legislation requiring the prompt furnishing of cars by carriers and the prompt loading of same by shippers and prescribing damages and penalties for failure on the part of either is properly within the police power of the state; in that respect, such legislation differs from that which simply imposes penalties on the carrier for failure to pay a specified class of debts. Gulf, Col. & S.F. Ry. v. Ellis, 165 U.S. 150, distinguished.
A police regulation is, the same as any other statute of the state, subject to the equal protection clause of the Fourteenth Amendment. That guarantee, while not preventing proper classification, does entitle all persons and corporation within the jurisdiction of the state to the protection of equal law, including police regulations.
A state statute which imposes reciprocal burdens on both carrier and shipper, but which provides that, in the case of delinquency on the part of the carrier, the shipper may recover an attorney fee, but, in the case of delinquency on the part of the shipper, does not provide that the carrier may recover an attorney fee, denies the carrier the equal protection of the law guaranteed by the Fourteenth Amendment.
Such a classification is not a reasonable one, and there is no ground on which a special burden should be imposed on one class of litigants and not on another class identically situated.
89 Kan. 114 reversed.
The facts, which involve the constitutionality of the reciprocal demurrage law of Kansas of 1905 under the equal protection provision of the Fourteenth Amendment, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Atchison, Topeka & Santa Fe Ry. Co. v. Vosburg, 238 U.S. 56 (1915) in 238 U.S. 56 238 U.S. 57. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=NFY32K52U8RHBXK.
MLA: U.S. Supreme Court. "Syllabus." Atchison, Topeka & Santa Fe Ry. Co. v. Vosburg, 238 U.S. 56 (1915), in 238 U.S. 56, page 238 U.S. 57. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NFY32K52U8RHBXK.
Harvard: U.S. Supreme Court, 'Syllabus' in Atchison, Topeka & Santa Fe Ry. Co. v. Vosburg, 238 U.S. 56 (1915). cited in 1915, 238 U.S. 56, pp.238 U.S. 57. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=NFY32K52U8RHBXK.
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