Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Lena Lumber Co.

Supreme Court of Arkansas

Decided May 1, 1911PublishedCited by 7 opinions

Appeal from Saline Circuit Count; W. H. Evans, Judge; STATEMENT BY TITE COURT. Appellee instituted six actions against 'appellant before a justice of thé peace in Saline County, and -recovered judgment in each case. On appeal to the circuit court, these cases were consolidated for the purpose of trial, and were .tried before the court sitting as a jury upon an agreed statement of facts.

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Appeal from Saline Circuit Count; W. H. Evans, Judge; STATEMENT BY TITE COURT. Appellee instituted six actions against 'appellant before a justice of thé peace in Saline County, and -recovered judgment in each case. On appeal to the circuit court, these cases were consolidated for the purpose of trial, and were .tried before the court sitting as a jury upon an agreed statement of facts. The cause of action alleged in each case is on an overcharge in an interstate shipment of lumber. From the judgment rendered agamst it the appellant has appealed to this court. The complaints show that these…

1Opinion of the Court

Hart, J.,

(after stating the facts). Counsel for appellant concede that the amounts sued for are oorrect, and state that, but for the Interstate Commerce Act (act February 4, 1887), all the claims would have been paid without suit. We do not think the Interstate Commerce Act has any application to the facts in' the case at bar. The claims are not based upon alleged unjust and excessive freight rates. On the contrary, the established schedule of rates of appellant is not in any way in question in this case. The suits are based upon overcharges in freight, made by appellant, and paid by appellee…

2Cases cited3 opinions

  1. LaFayette v. Merchants' BankSupreme Court of Arkansas · 1905
  2. Moores v. WinterSupreme Court of Arkansas · 1899
  3. Burgett v. WillifordSupreme Court of Arkansas · 1892

3Cited by7 opinions

  1. Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
  2. Northcross v. MillerSupreme Court of Arkansas · 1931
  3. Pettigrew v. PettigrewSupreme Court of Arkansas · 1927
  4. Missouri Pacific Railroad v. Pfeiffer Stone Co.Supreme Court of Arkansas · 1924
  5. Coad v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1915

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