Louis Werner Saw Mill Co. v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) A railroad company transporting its own property is not a common carrier and is not subject to the Interstate Commerce Act with respect to such transportation regulating rates.
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Appeal from the St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) A railroad company transporting its own property is not a common carrier and is not subject to the Interstate Commerce Act with respect to such transportation regulating rates. Railroad v. Grant Bros., 228 U. S. 177; The Pipe Line cases, 234 U. S. 548, 562. (2) It is the essential character of the commerce, not the accident of through or local bills of lading, which determines Federal or State control. Louisiana R. R. Com. v. Railroad, 229 U. S. 336; Railroad v. Sabine Tram. Co., 227 U. S. Ill; Railroad v. Texas,…
1Opinion of the CourtNortoni, J.
Plaintiff prosecutes this appeal from a judgment against it on demurrer to the petition. The petition is as follows:
“Leave of court first being had and, obtained to file this second amended petition, plaintiff, for its cause of action states that plaintiff and defendant now are, and were at all times hereinafter mentioned, corporations duly organized and existing by virtue of and according to law.
“That during the year 1910 defendant was engaged in operating a railroad as a common carrier of freight for hire from Leesville, in the State of Louisiana, to Shreveport, in said State.
“That…
2Cases cited4 opinions
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- The Pipe Line CasesSupreme Court of the United States · 1914
- Railroad Commission v. Texas & Pacific Railway Co.Supreme Court of the United States · 1913
3Cited by2 opinions
- Reynolds v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1917
- Keithley v. LuskMissouri Court of Appeals · 1916