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What was the holding in the Supreme Court case Missouri Pacific Railway Co. v. Nebraska, 164 U.S. 403 (1896)?
Does anyone know what the Supreme Court holding was for the case Missouri Pacific Railway Co. v. Nebraska? I have read over the case multiple times, but I am having a hard time comprehending the wording that the court used. Any help would be great. Thanks!
This is a short short short case. Read the first two paragraphs and the last paragraph. It will likely take less time than to read this answer:
1. Prior to the case, Missouri Pacific Railway (MPRR) allowed two grain elevators to be built on its right of way. The right of way, as a matter of law, is private property, and MPRR had every right to grant or deny such requests.
2. Certain private farmers wanted to build another grain elevator on the right of way. They applied to MPRR. MPRR said no.
3. The farmers complained to the state of Nebraska
4. Nebraska held that MPRR had discriminated against the farmers group, and ordered MPRR to allow the building of the grain elevator
5. MPRR refused
6. State of Nebraska issued orders and citations. Nebraska Supreme Court upheld the orders.
7. After deciding that (a) The right of way for a railway is private property; (b) the people who wanted to use part of the private property were NOT the state, but private owners (hence no eminent domain), and other issues, the SUPREME COURT held (last paragraph of order)
HELD (8) THat the state cannot compel a private company to surrender private property to another private person.
Pretty simple, huh?
(Seriously, read the last paragraph -- or the whole case. The last paragraph holding is about 5 sentences, and the entire case is only about 3 pages long).
Good luck


US $12.87




























