Hackworth v. Missouri Southern Railroad
Supreme Court of Missouri
Appeal from Eeynolds Circuit Court. — lion. E. M. Bearing, Judge. (1) If the rates prescribed by Sec. 3241, R. S. 1909, for the transportation of railroad ties would not yield to defendant a substantial return upon that portion of the fair value of the property of defendant used in said service, which is properly assignable to that service, that provision of said statute is as to defendant void, irrespective of the return defendant could earn from all of its business, or…
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Appeal from Eeynolds Circuit Court. — lion. E. M. Bearing, Judge. (1) If the rates prescribed by Sec. 3241, R. S. 1909, for the transportation of railroad ties would not yield to defendant a substantial return upon that portion of the fair value of the property of defendant used in said service, which is properly assignable to that service, that provision of said statute is as to defendant void, irrespective of the return defendant could earn from all of its business, or from all of its intrastate business. Nor. Pac. Ry. Co. v. North Dakota, 236 U. S. 585; Ry. ■Co. v. West Virginia, 236 U. S.…
1DissentWilliams, J.
(dissenting). — I dissent from the conclusion reached in the foregoing opinion, and hereby adopt as my own the opinion of Mr. Commissioner White delivered in Division Two. Said opinion is as follows:
The plaintiff, executrix of the will of B. F. Hack-worth, deceased, brought this suit for alleged overcharges which the defendant collected from B. F. Hack-worth for the shipment of ties over its road. The petition contained 748 counts. Plaintiff dismissed as to fifteen counts, and recovered judgment on the remainder, amounting in the aggregate to $10,572.36. The amount prayed for in each count of…
2Cases cited21 opinions
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Simpson v. ShepardSupreme Court of the United States · 1913
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Missouri Rate CasesSupreme Court of the United States · 1913
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