Atchison, Topeka & Sante Fe Railway Co. v. Miller

I cannot agree with the conclusion that the ruling of the federal courts is to the effect that the plaintiff cannot recover. This conclusion appears to have been reached by analogy only. As I read the federal cases, none of them apply to a state of facts like those shown to exist here. Those concerning the time within which an action can be brought can have no application. Likewise, those holding that an arrangement granting special privileges to one shipper not awarded to others is void, in my opinion, are not applicable. Neither do those concerning the waiver of the notice cover the…