Porter v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; George M. Chapline, Judge; It was not an interstate transaction. There was no arrangement for continuous shipment, no through bill of lading, and on arrival at Brinkley freight charges were paid, and the car delivered to appellant. 162 U. S. 184; 1 Int. St. Com.
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Appeal from Arkansas Circuit Court; George M. Chapline, Judge; It was not an interstate transaction. There was no arrangement for continuous shipment, no through bill of lading, and on arrival at Brinkley freight charges were paid, and the car delivered to appellant. 162 U. S. 184; 1 Int. St. Com. Rep. 30; 2 Ib. 142; 63 Iowa, 732; 26 S. W. 172; 81 Fed. 783; 77 Fed. 942; Judson on Interstate Com. § 114. The plan of shipment adopted by appellant was a mere subterfuge to avoid the interstate rate, and apply the local rate fixed by the State Commission, and is in violation of the Interstate…
1Opinion of the CourtMcCulloch, J.
Appellant purchased at Erin, Tennessee, on the Louisville & Nashville Railroad, a carioad of lime to be transported to Stuttgart, Arkansas, on the railroad of appellee. Fie inquired of appellee’s agent at Stuttgart as to the freight rate, and was advised that the through rate from Erin to Stuttgart, via appellee’s road and connecting carriers, would be 22 cents per hundredweight. He also ascertained that the through rate from Erin to Brinkley, Arkansas, was 14 cents, and the local rate from Brinkley to Stuttgart fixed by the Arkansas Railroad Commission over appellee’s road was 5 cents, so he…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. EubankSupreme Court of the United States · 1902
- Cin., NO & Tex. Pac. Railway v. Int. Com. Com.Supreme Court of the United States · 1896
- Houston Direct Navigation Co. v. Insurance Co. of North AmericaTexas Supreme Court · 1895
- Interstate Commerce Commission v. Bellaire, Z. & C. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- United States ex rel. Interstate Commerce Commission v. Chicago, K. & S. R.U.S. Circuit Court for the District of Western Michigan · 1897
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3Cited by4 opinions
- Halliday Milling Co. v. Louisiana & Northwest RailroadSupreme Court of Arkansas · 1906
- Kansas City Southern Railway Co. v. BrooksSupreme Court of Arkansas · 1907
- St. Louis & S. F. R. Co. v. AllenU.S. Circuit Court for the District of Western Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. AllenSupreme Court of Arkansas · 1915