White v. Delano
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. ■ (1) The demurrer to the evidence should have been sustained, because, (a) The Maximum Freight Rate Act was suspended for the time being, by force of the injunctive decree of the Federal court.
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Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. ■ (1) The demurrer to the evidence should have been sustained, because, (a) The Maximum Freight Rate Act was suspended for the time being, by force of the injunctive decree of the Federal court. State ex inf. v. Railroad, 176 Mo. 687; Young v. Railroad, 33 Mo. 509; Coal Co. v. Railroad, 52 Fed. 716; State v. Railroad, 130 Minn. 144; "Wadley Southern Ry. v. Georgia, 235 U. S. 651; Coal & Coke Ry. v. Conley, 67 W. Va. 129, 230 U. S. 522. (b) The alleged damages resulting to plaintiff are damnum absque injuria, because they…
1Opinion of the CourtWoodson, J.
— This suit was instituted in the circuit court of Montgomery County by the plaintiff against the defendants as receivers of the Wabash Railroad Com*20pany, to recover alleged overcharges in payment of freight collected by" them on shipments of live stock, made by plaintiff from Montgomery City, Jonesbnrg, New Florence and High Hill, Missouri, to the city of St. Louis, Missouri, and consigned to the St. Louis Stock Yards, the St. Louis Dressed Beef Company and the Independent Packing Company. There was a judgment for the plaintiff, and the defendants appealed to this court.
The issues and facts…
2Cases cited28 opinions
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- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
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