Melody v. Great Northern Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County, Hon. Joseph W. Jones, Judge. Action by Arlington B. Melody against the Great Northern Railway Company. From an order sustaining a dem *.rrer to the answer, defendant appeals. Freight and passenger rates are fixed by the tariff schedules filed with the interstate commerce commission and published as required by law, and they can not be varied. The schedule tariff rates absolutely govern.
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Appeal from Circuit Court, Minnehaha County, Hon. Joseph W. Jones, Judge. Action by Arlington B. Melody against the Great Northern Railway Company. From an order sustaining a dem *.rrer to the answer, defendant appeals. Freight and passenger rates are fixed by the tariff schedules filed with the interstate commerce commission and published as required by law, and they can not be varied. The schedule tariff rates absolutely govern. Gulf, Co. & Santa Fe, plaintiff in error, v. Heffly & Tewis, 158 U. S. P. 98; Tex. & Pac. Ry. Co. v. Mugg, 202 U. S. 241; Southern Railway Co. v. Harrison, 119th…
1Opinion of the CourtSmith, J.
This is an appeal from an order of the circuit court of Minnehaha county, sustaining a demurrer to the defendant’s answer. The complaint sets forth a cause of action for the recovery of damages for an assault claimed to have been committed upon the plaintiff by the conductor and trainmen of the defendant railway corporation on the 7th of March, 1908. It is alleged that on the 6th day of March, 1908, the plaintiff purchased a railway ticket at the - town o-f Lester, in the state of Iowa, for transportation to Sioux Falls, S. D., by way of Garret-son, and paid therefor the sum of 75 cents; that…
2Cases cited11 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Langan v. SankeySupreme Court of Iowa · 1880
- Gerber v. Wabash RailroadMissouri Court of Appeals · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Reilly v. ClyneArizona Supreme Court · 1925
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Kaiser v. ThomsonNew Mexico Supreme Court · 1951
- Edenton Cotton Mills v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Judge v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Oregon · 1911
4 more not listed; retrieve them via the Exa API.