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Civil Procedure Keyed to Moliterno, 3rd Ed.
Louisville & Nashville Railroad v. Mottley
Citation:
211 U.S. 149 (1908)Facts
In September 1871, E.L. Mottley and his wife Annie E. Mottley were passengers on the Louisville & Nashville Railroad when they were injured due to the railroad’s negligence in a collision at Randolph’s Station in Jefferson County, Kentucky. In consideration for the Mottleys releasing all their damage claims arising from this incident, the railroad company agreed in writing on October 2, 1871, to issue them free passes on the railroad and all existing or future branches for the remainder of that year and to renew such passes annually for the remainder of their lives. The railroad honored this contract faithfully from 1871 until January 1, 1907, when it declined to renew the passes, basing its refusal solely on the anti-pass provisions of the Hepburn Interstate Commerce Act passed by Congress on June 29, 1906. The Mottleys, both residents and citizens of Kentucky, then brought suit in equity in the federal Circuit Court against the railroad, also a citizen of Kentucky, seeking specific performance of the 1871 contract.
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