McGrew v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court.. — Son. Samuel Sams, Judge. (1) Plaintiff’s petition states no cause of action. It does not allege that the longer and shorter hauls mentioned therein were made under “similar circumstances and conditions,” or “over the same line,” or “in the same direction.”
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Appeal from Lafayette Circuit Court.. — Son. Samuel Sams, Judge. (1) Plaintiff’s petition states no cause of action. It does not allege that the longer and shorter hauls mentioned therein were made under “similar circumstances and conditions,” or “over the same line,” or “in the same direction.” (2) Section 1126 stands wholly inoperative and of no force whatever, by reason of the fact that the act of 1887 (Session Acts, Extra Session, supra), covers the whole ground, and more formerly covered by the act of 1872 (Section 1, Session Acts, 1872, page 70), which is now section 1126, and hence…
1Opinion of the Court
JOHNSON, J. -—
Action to recover damages on account of excessive charges imposed by defendant as a common carrier for the carriage of sundry shipments of coal from M'vrick, Missouri, to Kansas City. The petition contains twenty-one counts (each shipment being pleaded as a separate cause of action) and is founded upon section 1126, Revised Statutes 1899. It appears from the averments of the petition that Kansas City and Boonville, Missouri, are on defendant’s road, but in opposite directions from Myrick. Kansas City *381is forty-two and Boonville seventy-seven miles distant from Myrick. Defendant’s…
2Cases cited1 opinion
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
3Cited by3 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Cohn v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1910
- Dunn v. NicholsonMissouri Court of Appeals · 1907