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UNION PACIFIC R.R. v. UPDIKE GRAIN CO.

Nos. 353, 354, 355, 356.

222 U.S. 215 (1911)

32 S.Ct. 39

56 L.Ed. 171

UNION PACIFIC RAILROAD COMPANY v. UPDIKE GRAIN COMPANY AND CROWELL LUMBER AND GRAIN COMPANY.

Supreme Court of United States.

Decided December 4, 1911.

Attorney(s) appearing for the Case

Mr. Maxwell Evarts, with whom Mr. F.C. Dillard and Mr. Henry W. Clark were on the brief, for plaintiff in error.

Mr. Edward P. Smith, with whom Mr. Constantine J. Smyth was on the brief, for defendants in error.

Mr. Constantine J. Smyth and Mr. Edward P. Smith, with whom were Mr. Nelson H. Loomis, Edson Rich, F.C. Dillard, R.W. Blair and E.H. Crocker, filed a brief for plaintiff in error on motion to dismiss.

MR. JUSTICE LAMAR delivered the opinion of the court.

In 1899, the Union Pacific found it desirable to have grain unloaded at its terminals in Council Bluffs in order that cars might be promptly returned for use on its line. In consideration that Peavey would there erect and maintain an elevator, it agreed to pay him 1 1/2 cents per hundred for elevating grain. It subsequently made similar contracts with what are called "Peavey Companies" which had elevators along...

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