St. Louis, Iron Mountain & Southern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The .demurrer to the answer should have been overruled. A carrier may apply on intrastate traffic moving over the same rails, between, the same points, a freight rate that has been declared by the Interstate Commerce Commission to be reasonable on interstate traffic, moving between the same points in order to remove a discrimination between such rates. 234 U. S. 342; 205 Fed. 380; 38 I. C. C. 459; Rowland v. R. R.…
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The .demurrer to the answer should have been overruled. A carrier may apply on intrastate traffic moving over the same rails, between, the same points, a freight rate that has been declared by the Interstate Commerce Commission to be reasonable on interstate traffic, moving between the same points in order to remove a discrimination between such rates. 234 U. S. 342; 205 Fed. 380; 38 I. C. C. 459; Rowland v. R. R. Comrs., etc., 244 U. S. 106; Am. Exp. Co. v. State, 244 U. S. 617. The demurrer was properly sustained. The order of the…
1Opinion of the CourtSmith, J.
This suit was brought to recover the statutory penalty for a charge made on two intrastate shipments of lumber in excess of the rate fixed for such service by the Arkansas Railroad Commission. A charge of four cents per hundred pounds was made, whereas the rate fixed by the Arkansas Railroad Commission for the service charged for was three and one-half cents per hundred pounds.
The railway company admitted making the charge in excess of the rate fixed by the Arkansas Railroad Commission, and, in justification of its action in iso doing, set up the following facts:
That the Memphis Freight…
2Cases cited5 opinions
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- American Express Co. v. South Dakota Ex Rel. CaldwellSupreme Court of the United States · 1917
- City of Pomona v. Sunset Telephone & Telegraph Co.Supreme Court of the United States · 1912
- Texas & P. Ry. Co. v. United StatesCommerce Court · 1913
- Houston E. & W. T. Ry. Co. v. United StatesCommerce Court · 1913
3Cited by1 opinion
- Lehmann v. JanesSupreme Court of Missouri · 1966