Butler Motor Co. v. Atchison, T. & S. F. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action at law by the Butler Motor Company against the Atchison, Topeka & Santa Fé Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
HOOK, Circuit Judge.
[1] The principal question in this case is whether the railway company rightly charged and collected at the automobile rate the dunnage on shipments of automobiles in closed cars from Detroit, Mich., to ’Kansas City, Mo. Dunnage, so called, consisted of the wooden braces and blocking used to keep the automobiles steady in the cars, the weight of which was separately specified in the bills of lading. The plaintiff, Butler Motor Company, contends that the transportation of the dunnage should have been at the lower lumber rate in less than carload lots. The trial court…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. American Tie & Timber Co.Supreme Court of the United States · 1914
- Kansas City Southern Ry. Co. v. WolfCourt of Appeals for the Eighth Circuit · 1921
3Cited by4 opinions
- Atchison, T. & S. F. Ry. Co. v. United States ex rel. Sonken-Galamba Corp.Court of Appeals for the Eighth Circuit · 1938
- Pacific Gamble Robinson Co. v. Minneapolis & St. Louis Ry. Co.District Court, D. Minnesota · 1952
- Lowden v. Simonds-Shields-Lonsdale Grain Co.Court of Appeals for the Eighth Circuit · 1938
- Collins Co. v. DavisDistrict Court, D. Connecticut · 1922