McCully v. Chicago, Burlington, & Quincy Railway Co.
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. Section 1085, Revised.Statutes 1899, upon which the suit is based, is unconstitutional and void.
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. Section 1085, Revised.Statutes 1899, upon which the suit is based, is unconstitutional and void. Railroad v. Campbell, 61 Kan. 439'; Railroad v. Smith, 173 U. S. 684; State v. Loomis, 115 Mo1. 307; State v. Julow, 129 Mo. 168. The State has power by legislation to fix maximum rates of charges for railroad companies for the transportation of persons and property, but such rates must be just and reasonable to the carrier and the public. The Legislature cannot, however, “enact a law making maximum rates, and then proceed ’ to make…
1Opinion of the CourtBurgess, J.
— This proceeding was instituted in the circuit court of Linn county by plaintiffs, in their official capacity as members of the Board of Railroad and Warehouse Commissioners, against the defendant, under section 1150, Revised Statutes 1899.
It is provided by section 1085, Revised. Statutes 1899, that in case of the shipment of live stock by the carload, railroad companies shall pass the shipper or his employee to and from the point designated in the contract or bill of lading, in consideration of the price paid for the car, and without further expense to the shipper. Informal complaints…
2Cases cited3 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Atchison, Topeka & Santa Fe Railway Co v. CampbellSupreme Court of Kansas · 1900
3Cited by8 opinions
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State Ex Rel. Breene v. HowardSupreme Court of Oklahoma · 1918
- Givens v. HarlowSupreme Court of Missouri · 1913
- Bank of Slater v. HarringtonMissouri Court of Appeals · 1924
- State v. St. Louis S. W. Ry. Co. of TexasCourt of Appeals of Texas · 1917
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