Legal Opinion

Central Trust Co. v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided April 9, 1912PublishedCited by 6 opinions

Appeal from Polk District Court. — Hon. James A. Howe, Judge. Action originally brought by the Agar Packing Company to recover treble damages from defendant for unlawful discrimination in freight rates and other violations of our, statutes with reference to the duties of common carriers. The Packing Company having been adjudged a bankrupt, its trustee was substituted as plaintiff, and it is now prosecuting the action.

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Appeal from Polk District Court. — Hon. James A. Howe, Judge. Action originally brought by the Agar Packing Company to recover treble damages from defendant for unlawful discrimination in freight rates and other violations of our, statutes with reference to the duties of common carriers. The Packing Company having been adjudged a bankrupt, its trustee was substituted as plaintiff, and it is now prosecuting the action. Upon issues duly joined the case came on for trial to a jury, and at the conclusion of plaintiff’s testimony the trial court, on motion of defendant, directed a verdict for…

1Opinion of the CourtDeemer, J.

To avoid confusion, we shall call the plaintiff and appellant the “Packing Company,” and the defendant and appellees, the “Railway Company.” The action is brought to recover treble damages from the railway company by reason of its demanding, charging, collecting, and receiving from the packing company, in the form of charges for freight in the transportation of 'hogs, a greater compensation than it required from other persons for like and contemporaneous service, to the prejudice and disadvantage of the packing company. It claimed:

That during the perod between the 1st day of May, 1901, and…

2Cases cited32 opinions

  1. Coe v. ErrolSupreme Court of the United States · 1886
  2. General Oil Co. v. CrainSupreme Court of the United States · 1908
  3. Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
  4. Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
  5. Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897

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3Cited by6 opinions

  1. Conklin v. TowneSupreme Court of Iowa · 1927
  2. Holdorf v. HoldorfSupreme Court of Iowa · 1918
  3. Hawkeye Portland Cement Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1924
  4. Lawrence v. MelvinSupreme Court of Iowa · 1926
  5. Ritter v. SchultzSupreme Court of Iowa · 1930

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