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CHICAGO, R.I. & PAC. RY. v. MAUCHER

No. 85.

248 U.S. 359 (1919)

39 S.Ct. 108

63 L.Ed. 294

CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. MAUCHER.

Supreme Court of United States.

Decided January 7, 1919.

Attorney(s) appearing for the Case

Mr. William D. McHugh, with whom Mr. William H. Herdman and Mr. John M. Kelley were on the brief, for plaintiff in error.

Mr. Philip E. Horan, with whom Mr. J.A.C. Kennedy and Mr. Yale C. Holland were on the brief, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Barnum & Bailey, who owned rolling stock adapted to carrying their circus equipment and personnel, made, in 1913, a special contract with the Chicago, Rock Island & Pacific Railway Company concerning transportation on its lines. The railway agreed for a sum fixed, to give the right to use its tracks and locomotives fully manned and supplied, to haul the circus trains. Barnum & Bailey agreed, among...

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