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Erb v. Morasch, 177 U.S. 584 (1900)
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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.
Erb v. Morasch, 177 U.S. 584 (1900)
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Erb v. Morasch No. 249 Submitted April 18, 1900 Decided May 14, 1900 177 U.S. 584
ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS
Syllabus
All questions under the Constitution and laws of Kansas are, for the purposes of this case, foreclosed by the decisions of the state courts.
It is the duty of a receiver appointed by a federal court to take charge of a railroad, to operate it according to the laws of the state in which it is situated, and he is liable to suit in a court other than that by which he was appointed, even in a state court, for a disregard of official duty which causes injury to the party suing.
A city, when authorized by the legislature, may regulate the speed of trains within its limits, and this extends to interstate trains in the absence of congressional action on the subject.
The Interstate Transit Railway is a railway connecting Kansas City, Missouri, with Kansas City, Kansas, and the exception of its trains from the general provision in the city ordinance respecting the speed of trains in the city was an exception entirely within the power of the legislature to make.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Erb v. Morasch, 177 U.S. 584 (1900) in 177 U.S. 584 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NVYLVFBMNSQTCQ8.
MLA: U.S. Supreme Court. "Syllabus." Erb v. Morasch, 177 U.S. 584 (1900), in 177 U.S. 584, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NVYLVFBMNSQTCQ8.
Harvard: U.S. Supreme Court, 'Syllabus' in Erb v. Morasch, 177 U.S. 584 (1900). cited in 1900, 177 U.S. 584. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NVYLVFBMNSQTCQ8.
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