Sonken-Galamba Corp. v. Missouri Pacific Railroad

This is an action to recover damages in the nature of reparation for freight charges demanded and paid and said to be excessive. Defendant demurred to the petition on the ground that it failed to state facts sufficient to constitute a cause of action. The demurrer was sustained. Plaintiff refused to plead further, suffered judgment of dismissal, and duly appealed.

Suit was filed March 15, 1930. The record before us shows that the petition contained thirty-seven counts identical in nature except for dates, amounts, car numbers, weights, and points of origin and destination. All of the shipments…