National Elevator Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district- court for Hennepin county to recover overcharges collected by defendant for switching' charges on three carloads of grain.
Read the full summary
Action in the district- court for Hennepin county to recover overcharges collected by defendant for switching' charges on three carloads of grain. The ease was tried before Hale, J., who made findings as set out at the beginning of the opinion and as conclusions of law found that defendant had the right, without obtaining the approval of the Eailroad and Warehouse Commission and without any hearing to interested parties, to file-with the commission Supplement No. 46 to its tariff G. F. D. 48,181, in terms effective December 18, 1906; that the tariff became effective on the date last mentioned…
1Opinion of the Court
Lees, C.
This action was brought to recover switching charges paid by plaintiff *164on three carloads of wheat which it shipped over defendant’s line of railroad from Wheaton in this state to Minneapolis. A recovery was allowed after a trial by the court without a jury and this appeal was 'taken from the judgment.
The court found that plaintiif had an elevator at Wheaton, from which it shipped grain to Minneapolis and other terminal markets. Defendant is the only railroad company having a line at Wheaton. Prior to April 14, 1905, it had published and filed with the Railroad and Warehouse Commission…
2Cases cited3 opinions
- Berwind-White Coal Mining Co. v. Chicago & Erie RailroadSupreme Court of the United States · 1914
- Steenerson v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
- Bell Lumber Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
3Cited by1 opinion
- Moulton v. NewtonSupreme Court of Minnesota · 1966