E. R. Darlington Lumber Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Daniel G. Taylor, Judge. (1) Inasmuch, as none of the lumber in any of these cars weighed as much as sixty thousand pounds, plaintiff was only entitled to forty-eight hours free time, notwithstanding the lumber may have been loaded in cars of sixty thousand pounds capacity or greater. There ought to be no difficulty in so construing this act. That appears to be the common-sense view of the language of the act.
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Appeal from St. Louis City Circuit Court. — Row. Daniel G. Taylor, Judge. (1) Inasmuch, as none of the lumber in any of these cars weighed as much as sixty thousand pounds, plaintiff was only entitled to forty-eight hours free time, notwithstanding the lumber may have been loaded in cars of sixty thousand pounds capacity or greater. There ought to be no difficulty in so construing this act. That appears to be the common-sense view of the language of the act. It is not the “capacity” of the car that is unloaded, but the lumber in the car. The word “capacity” was evidently used in this act in…
1Opinion of the CourtGraves, J.
Plaintiff, a manufacturing business corporation under the laws of Missouri, brings this action in replevin to recover from defendant, a railway corporation under the laws of Missouri, the possession of certain specifically described lumber of the alleged aggregate value of $1,037.50, and contained in four cars, specifically described in the petition. In the complaint it is not only alleged that the defendant had wrongfully detained said lumber, but that “said detention is wrongful, malicious, willful and oppressive,” and judgment is asked for the recovery of said lumber, together with $1,000…
2Cases cited21 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Neal v. DelawareSupreme Court of the United States · 1881
- Hayes v. MissouriSupreme Court of the United States · 1887
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
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3Cited by15 opinions
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Automatic Registering MacHine Co. v. Pima CountyArizona Supreme Court · 1930
- State ex rel. United Railways Co. v. Public Service CommissionSupreme Court of Missouri · 1917
- Hardwick Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1910
- County of St. Louis Ex Rel. Scott v. Marvin Planing Mill Co.Missouri Court of Appeals · 1933
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