Legal Opinion

Cummings Sand & Gravel Co. v. Minneapolis & St. Louis Railway Co.

Supreme Court of Iowa

Decided February 13, 1918PublishedCited by 6 opinions

Appeal from Cerro Gordo District Court. — M. F. Edwards, Judge. Action in equity for a mandatory injunction requiring defendant to accept in payment for services rendered in handling freight for the plaintiff, a sum less than the published tariff rate for long distance haul, on the theory that the services were in the nature of switching service; or if not, that defendant had so construed the service, in that it hauled for others in a like situation and charged for so doing…

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Appeal from Cerro Gordo District Court. — M. F. Edwards, Judge. Action in equity for a mandatory injunction requiring defendant to accept in payment for services rendered in handling freight for the plaintiff, a sum less than the published tariff rate for long distance haul, on the theory that the services were in the nature of switching service; or if not, that defendant had so construed the service, in that it hauled for others in a like situation and charged for so doing as for a switching service.

1Opinion of the CourtGaynor, J.

1. Carriers : control and regulation: “switching” . and “transportation” service contrasted. The defendant is a railroad company, operating a line of road north, and south through Mason City. East of defendant’s line, and nearly parallel, runs a line of road owned and operated by the Chicago, Milwaukee & St. Paul Railway Company, hereafter called the Milwaukee. On the line of the last named company, and connected with it by a spur track, plaintiff owned and is operating a gravel pit. The junction of the Milwaukee and the defendant company’s line is at a point approximately’' two miles south…

2Cases cited2 opinions

  1. Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
  2. Crescent Coal Co. v. L. & N. R. R. Co.Court of Appeals of Kentucky · 1911

3Cited by6 opinions

  1. Cincinnati Gas & Electric Co. v. Joseph Chevrolet Co.Ohio Court of Appeals · 2003
  2. Iowa Electric Light & Power Co. v. Wendling Quarries, Inc.Supreme Court of Iowa · 1986
  3. Coon Valley Gravel Co. v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1950
  4. Interstate Power Co. v. Waukon Manor, Inc.Court of Appeals of Iowa · 1989
  5. Montpelier & Wells River R. R. v. Caldbeck-Cosgrove Corp.Supreme Court of Vermont · 1939

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