Kansas Pacific Railway Co. v. Bayles
Supreme Court of Colorado
Appeal from the Distriet Court of Arapahoe County. It is unnecessary to repeat in detail the facts alleged in the complaint as a first cause of action, as the same are fully set out in connection with a former appeal, and will be found in Bayles v. Kansas Pacific Railway Company, 13 Colo. 181. It is sufficient for the purposes of this appeal to state that the suit is brought to recover certain rebates agreed to be paid the plaintiff upon freight charges paid to the railroad…
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Appeal from the Distriet Court of Arapahoe County. It is unnecessary to repeat in detail the facts alleged in the complaint as a first cause of action, as the same are fully set out in connection with a former appeal, and will be found in Bayles v. Kansas Pacific Railway Company, 13 Colo. 181. It is sufficient for the purposes of this appeal to state that the suit is brought to recover certain rebates agreed to be paid the plaintiff upon freight charges paid to the railroad company. The contract fixing the rate and rebate, it is alleged, was executed on the part of the receivers of the…
1Opinion of the CourtChief Justice Hayt
This case is before the court for the second time. Upon the former appeal the sufficiency of the complaint was inquired into and upheld and the case remanded for further proceedings. Bayles v. Kansas Pacific Railway Company, 13 Colo. 181.
The conclusions then reached and the reasons therefor are set forth in an exhaustive opinion by Mr. Commissioner Pattison. It is unnecessary to repeat the reasoning of the learned commissioner, or to do more than restate such of *351his conclusions as bear directly upon the questions now presented. These may be summarized as follows :
First: Freight charges must…
2Cases cited10 opinions
- Express Co. v. Railroad Co.Supreme Court of the United States · 1879
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Union Pacific Railway Co. v. GoodridgeSupreme Court of the United States · 1893
- Commonwealth v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1874
- Routt v. Greenwood Cemetery Land Co.Supreme Court of Colorado · 1892
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3Cited by6 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- Bernhardt v. HemphillColorado Court of Appeals · 1994
- Crawford v. GordonWashington Supreme Court · 1915
- Smith v. SmithSupreme Court of Colorado · 1898
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