Chicago & Erie Railroad v. Lightfoot
Missouri Court of Appeals
Appeal from Circuit Court of Greene County. — Hon. Orin Patterson, Judge. (1) The'demurrer to that part of defendant’s first amended answer stating the counterclaim should have been overruled..
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Appeal from Circuit Court of Greene County. — Hon. Orin Patterson, Judge. (1) The'demurrer to that part of defendant’s first amended answer stating the counterclaim should have been overruled.. Wells-Fargo' & Co. v. Cuneo, 241 Fed. 727; Chicago & N. W. R. R. Co. v. Manufacturing Company, 262 Fed. 716. This court held in the case of Bush v. Keystone Driller Company, that damages for goods shipped, no matter how meritorious a claim it might be, could not be plead as a counterclaim in this kind of an action. That decision was based on the case of I. C. R. R. Co. v. Hoopes and Others, 233 Fed.…
1Opinion of the CourtFarrington, J.
The plaintiff, a railroad Company, operating between Chicago, Illinois, and New York City, N. Y., brought this action against defendants, filing its petition on August 24, 1914. By a number of counts it alleges that the defendants shipped over its lines carloads of produce, several of which were shipped from Chicago, and one from the city of Springfield, Mo. That the rate charged for such freight was that established by law for the carriage of this character of merchandise from the initial points to points of destination. *440Three of the items in the petition are for the full amount of the…
2Cases cited7 opinions
- Portland Flouring Mills Co. v. British & Foreign Marine Ins.Court of Appeals for the Ninth Circuit · 1904
- Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
- Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917
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