E. R. Darlington Lumber Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. The court erred in giving defendant’s instruction, which was in the nature of a demurrer, at the close of all the evidence, and after arguments and submission of briefs and the taking of them under advisement by the court, for the following reasons: (1) The testimony of the plaintiff, together with the finding and order of the Board of Railroad and "Warehouse Commissioners, made a case of an unlawful,…
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Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. The court erred in giving defendant’s instruction, which was in the nature of a demurrer, at the close of all the evidence, and after arguments and submission of briefs and the taking of them under advisement by the court, for the following reasons: (1) The testimony of the plaintiff, together with the finding and order of the Board of Railroad and "Warehouse Commissioners, made a case of an unlawful, unreasonable and unjust charge for switching, which was made and collected by the defendant, which was not overcome by…
1Opinion of the CourtWoodson, J.
This suit was instituted by the plaintiff against, the defendant on account of the latter’s failure to obey an alleged order of the Board of Railroad and Warehouse Commissioners, ,to compel the defendant to refund to the plaintiff the sum of $1030.43, and for treble that sum for the failure of the railroad to pay said sum.
The petition in substance states that:
On or about February 16,1904, the St. Louis Lumbermen’s Association (a voluntary association) made complaint against the defendant to the Board of Railroad and Warehouse Commissioners regarding switching charges alleged to have been…
2Cases cited6 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- State ex inf. Hadley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Crossett v. FerrillSupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- Gately v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1932
- Dean v. YoungSupreme Court of Missouri · 1965
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- State Ex Rel. Bowdon v. AllenSupreme Court of Missouri · 1935
6 more not listed; retrieve them via the Exa API.