Legal Opinion

Sloop v. Delano

Missouri Court of Appeals

Decided June 13, 1914Published

•Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. It is averred in the petition that the correct freight rates between the points named as shown by the tariff and schedule on file in defendant’s station was twenty-nine cents per hundred pounds. The petition wholly fails to state a cause of action. The plaintiff and the defendants were each bound by the schedule rates, this being an interstate shipment.

Read the full summary

•Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. It is averred in the petition that the correct freight rates between the points named as shown by the tariff and schedule on file in defendant’s station was twenty-nine cents per hundred pounds. The petition wholly fails to state a cause of action. The plaintiff and the defendants were each bound by the schedule rates, this being an interstate shipment. The law charges the shipper with knowledge of the lawful rates whether the tariff schedules were posted or not. The petition does not allege a request to be shown the…

1Opinion of the CourtJohnson, J.

Plaintiff sued to recover damages caused by the negligence of defendant’s agent at Queen City in giving an erroneous answer to plaintiff’s request for information concerning a freight rate. The petition alleges that plaintiff, who intended to purchase timothy seed for shipment to Chicago, first went to the agent to ascertain the schedule rate on such shipments; that the agent consulted a tariff sheet on file in his office and “from that sheet and from the statement of the agent, plaintiff was informed that said freight rate was twenty-three cents per hundred pounds;” that the agent…

2Cases cited8 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
  3. Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
  4. Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
  5. Illinois Central Railroad v. Henderson Elevator Co.Supreme Court of the United States · 1913

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API