Case Citator › Lake Shore & Michigan Southern Railway Co. v. Smith

Lake Shore & Michigan Southern Railway Co. v. Smith

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
173 U.S. 684
Decided
Confirmed treatments
1
Flagged citations read
8 of 8
Citing cases (total)
8
Treatment dates
1917
Overruled in part
A reviewed court has overruled part of this case’s holding. Lake Shore & Michigan Southern Railway Co. v. Smith has been overruled in part: all 8 flagged citations have been read, and the confirmed treatment is listed below. Pennsylvania Railroad Co. v. Towers overruled the portions of Smith that were inconsistent with allowing states to set reasonable commutation fares when a carrier had already established those fares voluntarily.
More on how this was screened

The reviewed opinions otherwise applied Smith, reported Towers's treatment, or cited Smith without acting on it.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

8 later cases cite Lake Shore & Michigan Southern Railway Co. v. Smith; 8 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Lake Shore & Michigan Southern Railway Co. v. Smith?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court overruled the portions of Lake Shore & Michigan Southern Railway Co. v. Smith that were inconsistent with allowing states to set reasonable commutation fares when a carrier had already established those fares voluntarily.

    Pennsylvania Railroad Co. v. Towers · Supreme Court of the United States · filed

    The reasoning of these decisions is sound and involves no violation of the Federal Constitution. True it is that it may not be possible to reconcile these views with all that is said in the opinion delivered for the majority of the court in the case of Lake Shore & Michigan Southern Ry. Co. v. Smith, supra. The views therein expressed which are inconsistent with the right of the States to fix reasonable commutation fares when the carrier has itself established fares for such service, must be regarded as overruled by the decision in this case.
    Read the full opinion on CourtListener →

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