Kansas City Southern Railway Co. v. Brooks
Supreme Court of Arkansas
statement by thl court. Appellees seek to recover of appellant penalty for overcharge in passenger fare by appellant between the stations of Ashdown in Arkansas and Texarkana, Texas, on appellant’s road.
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statement by thl court. Appellees seek to recover of appellant penalty for overcharge in passenger fare by appellant between the stations of Ashdown in Arkansas and Texarkana, Texas, on appellant’s road. The complaints allege that the distance between Ashdown and Texarkana is twenty miles, and that the regular fare for transportation between said stations is sixty cents, but that appellant, through its agent, wilfully demanded and received for the transportation of plaintiffs from Ashdown in Arkansas to the station of Texarkana, Texas, the sum of eighty- cents, the same being an excessive…
1Opinion of the Court
Wood, J.,
(after stating the facts) : The proof conclusively shows that the payment of the transportation charge in the case of Brooks was an interstate commerce transaction. Brooks was on a continuous journey from Ashdown, in Arkansas, to Texarkana, in Texas. He did not wish or offer to break up the continuous passage. The contract he entered into with the company was to take him from Ashdown, in Arkansas, to Texarkana, in Texas. This was clearly a contract concerning interstate commerce. Act February 4, 1887, § 1; 3 Fed. Stat. Annotated, 809; Gulf, C. & S. F. Ry. Co. v. Hefley, 158 U. S. 98;…
2Cases cited5 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Halliday Milling Co. v. Louisiana & Northwest RailroadSupreme Court of Arkansas · 1906
- Spratlin v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1905
- Porter v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1906
3Cited by2 opinions
- Eagle-Picher Mining & Smelting Co. v. LaytonSupreme Court of Oklahoma · 1938
- Firebaugh v. Du BoisSupreme Court of Oklahoma · 1916