Chapman & Dewey Lumber Co. v. Jonesboro, Lake City & Eastern Railroad
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; Charles Coffin, Judge on exchange; 1. Where an excessive freight rate is demanded by the carrier, the shipper may pay it under protest and recover the excess. 4 Elliott on Railroads, § 1564 and cases cited; 2 Hutchinson on Carriers, (3 ed.) 805, § 574 and cases cited; 6 R. R. A. (N. S.) 225; 25 W. Va. 434. 2. The tariff fixed by the railroad commission does not affect interstate shipments.
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Appeal from Poinsett Circuit Court; Charles Coffin, Judge on exchange; 1. Where an excessive freight rate is demanded by the carrier, the shipper may pay it under protest and recover the excess. 4 Elliott on Railroads, § 1564 and cases cited; 2 Hutchinson on Carriers, (3 ed.) 805, § 574 and cases cited; 6 R. R. A. (N. S.) 225; 25 W. Va. 434. 2. The tariff fixed by the railroad commission does not affect interstate shipments. Whether a shipment is local or interstate depends upon the contract for transportation. This contract, whether in form of a bill of lading, or otherwise, is- the…
1Opinion of the CourtFrauenThae, J.
This was an action instituted by the Chapman & Dewey Dumber Company, the plaintiff below, to recover the amount of certain freight charges in excess of the legal rates which it claimed that it was compelled to pay to the defendant for the transportation of it's property. The defendant is a domestic railroad corporation, and owns and, as a common carrier, operates a line of railroad which is situated entirely within the State of Arkansas and extends from the city of Jonesboro to Barfield, in Mississippi County, and also to Osceola in the same county. Between these stations there are located on…
2Cases cited10 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- The Daniel BallSupreme Court of the United States · 1871
- Coe v. ErrolSupreme Court of the United States · 1886
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Sands v. Manistee River Improvement Co.Supreme Court of the United States · 1887
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3Cited by4 opinions
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- St. Louis Southwestern Ry. Co. v. AllenU.S. Circuit Court for the District of Eastern Arkansas · 1911
- Rinehart v. WheelerSupreme Court of Arkansas · 1925
- Bush v. Southern Grocery Co.Supreme Court of Arkansas · 1918