INTERSTATE RAILWAY CO. v. MASSACHUSETTS

No. 13.

207 U.S. 79 (1907)

28 S.Ct. 26

52 L.Ed. 111

INTERSTATE CONSOLIDATED STREET RAILWAY COMPANY v. COMMONWEALTH OF MASSACHUSETTS.

Supreme Court of United States.

Decided November 4, 1907.


Attorney(s) appearing for the Case

Mr. Everett Watson Burdett, with whom Mr. Joseph H. Knight was on the brief, for plaintiff in error.

Mr. Dana Malone, with whom Mr. Fred. T. Field was on the brief, for defendant in error.


MR. JUSTICE HOLMES delivered the opinion of the court.

This was a complaint against the plaintiff in error for refusing to sell tickets for the transportation of pupils to and from the public schools at one-half the regular fare charged by it, as required by Mass. Rev. Laws, c. 112, § 72. At the trial the Railway Company admitted the fact, but set up that the statute was unconstitutional, in that it denied to the company...

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