Erb v. Morasch,
Annotate this Case
177 U.S. 584 (1900)
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U.S. Supreme Court
Erb v. Morasch, 177 U.S. 584 (1900)
Erb v. Morasch
Submitted April 18, 1900
Decided May 14, 1900
177 U.S. 584
All questions under the Constitution and laws of Kansas are, for the purposes of this case, foreclosed by the decisions of the state courts.
It is the duty of a receiver appointed by a federal court to take charge of a railroad, to operate it according to the laws of the state in which it is situated, and he is liable to suit in a court other than that by which he was appointed, even in a state court, for a disregard of official duty which causes injury to the party suing.
A city, when authorized by the legislature, may regulate the speed of trains within its limits, and this extends to interstate trains in the absence of congressional action on the subject.
The Interstate Transit Railway is a railway connecting Kansas City, Missouri, with Kansas City, Kansas, and the exception of its trains from the general provision in the city ordinance respecting the speed of trains in the city was an exception entirely within the power of the legislature to make.
The case is stated in the opinion.