Winsor Coal Co. v. Chicago & A. R. Co.
U.S. Circuit Court for the District of Western Missouri
At Law. Action by the Winsor Coal Company against the Chicago & Alton Railroad Company to recover triple damages for charging an alleged unreasonable rate on certain freight. Heard on demurrer to the petition. Demurrer sustained.
1Opinion of the Court
Philips, District Judge.
There are various counts in the petition. The substantive charge in each is that the defendant, a common carrier, charged the plaintiff unreasonable and unjust rates on car loads of coal shipped from Higginsville to Kansas City, Mo.; that 45 cents per ton was the just and reasonable rate for such service, whereas defendant exacted more than 65 cents per ton. Judgment is prayed for three times the amount of the excess, as by statute in such case made and provided. To this petition defendant interposes a demurrer. It demurs to the first 48 counts for the reason that the…
2Cases cited10 opinions
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Bliss v. PrichardSupreme Court of Missouri · 1877
- Chicago, Burlington & Quincy R. R. v. PeopleIllinois Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- State ex inf. Crow v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1903
- Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Wishkah Boom Co. v. Greenwood Timber Co.Washington Supreme Court · 1915
- White v. DelanoSupreme Court of Missouri · 1917
7 more not listed; retrieve them via the Exa API.