Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.
|Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company|
|Argued January 13, 16, 1928
Decided April 9, 1928
|Full case name||Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company|
|Citations||276 U.S. 518 (more)
48 S.Ct. 404
|Prior history||Judgment for plaintiff, W.D. Ky.; affirmed, 15 F.2d 509 (C.C.A. 6th 1926); cert. granted, 273 U.S. 690 (1927)|
|In suit in federal court to restrain interference with railroad's contract granting exclusive privileges to plaintiff taxicab company in soliciting patronage at depot, federal courts are not bound by Kentucky decisions that such contracts are invalid, since, in determining questions of general law, federal courts are free to exercise their own independent judgment. Sixth Circuit Court of Appeals affirmed.|
|Majority||Butler, joined by Taft, Van Devanter, McReynolds, Sutherland, Sanford|
|Dissent||Holmes, joined by Brandeis, Stone|
|Erie Railroad Co. v. Tompkins|
Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company, 276 U.S. 518 (1928), was a United States Supreme Court case in which the Court refused to hold that federal courts sitting in diversity jurisdiction must apply state common law. Ten years later, in Erie Railroad Co. v. Tompkins, the Court reversed course, and overturned Swift v. Tyson.
It is most famous for the dissent of Justice Oliver Wendell Holmes, Jr..
The Louisville and Nashville Railroad signed an exclusive contract with the Black and White Taxicab company to pick up customers at the railroad station in Bowling Green, Kentucky. The Brown and Yellow Taxicab sued claiming an illegal monopoly under Kentucky law.
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