Kansas City Southern Railway Co. v. C. H. Albers Commission Co.
Supreme Court of Kansas
Error from Crawford district court; Arthur Fuller, judge. STATEMENT. This action was commenced in the district court of Crawford county by the C. Albers Commission Company to recover a judgment against Robert L. Forrester and Joseph M. Forrester, partners doing business under the firm name of Forrester Brothers.
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Error from Crawford district court; Arthur Fuller, judge. STATEMENT. This action was commenced in the district court of Crawford county by the C. Albers Commission Company to recover a judgment against Robert L. Forrester and Joseph M. Forrester, partners doing business under the firm name of Forrester Brothers. The Kansas City Southern Railway Company was garnisheed, the plaintiff claiming that the railway company was indebted to Forrester Brothers for overpayments made by them upon shipments of grain made over its road. The railway company denied liability, and this question constitutes the…
1Opinion of the Court
*68The opinion of the court was delivered by
Graves, J.:
The argument in this case covers a wide range of subjects connected with the interstate commerce law, and both sides of the controversy have been clearly and ably presented. The facts of the case, however, as they come here, may eliminate some of the questions discussed. The trial court not having filed conclusions of fact, we will be compelled, under the long-established rule of this court, to assume that - it found every fact necessary to support the judgment rendered to be established by the evidence, if there is any testimony in the…
2Cases cited12 opinions
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Carlisle v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1902
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Louisville, Evansville & St. Louis Consolidated Railroad v. WilsonIndiana Supreme Court · 1892
- Wabash Railroad v. SloopSupreme Court of Missouri · 1906
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3Cited by5 opinions
- Case v. Union Pacific RailroadSupreme Court of Kansas · 1925
- Wichita Falls W. Ry. of Texas v. AsherCourt of Appeals of Texas · 1914
- Kanotex Refining Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1935
- United States Nickel Co. v. BarrettCity of New York Municipal Court · 1914
- Wichita Falls W. Ry. of Texas v. AsherCourt of Appeals of Texas · 1914