Missouri Pacific Railway Co. v. Crowell Lumber & Grain Co.
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Blair, J. Tbe opinion contains a statement of tbe case. Tbe special rates were quoted through mistake of tbe carrier’s agent, and tbe contract based thereon provided for tbe violation of tbe interstate commerce law. Tbe judgment for overcharges was therefore erroneous.
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Error from tbe district court of Douglas county. Tried below before Blair, J. Tbe opinion contains a statement of tbe case. Tbe special rates were quoted through mistake of tbe carrier’s agent, and tbe contract based thereon provided for tbe violation of tbe interstate commerce law. Tbe judgment for overcharges was therefore erroneous. (24 United States Statutes at Large, p. 79; Chicago, R. I. cC-P. R. Co. v. Hvbbcll, 54 Kan., 282; Hawley v. Kansas & Texas Coal Co., 48 Kan., 593; United States v. Michigan C. R. Co., 43 Fed. Rep., 26; United States v. Toser, 39 Fed. Rep., 904; Arlcamas & L. R.…
1Opinion of the Court
Ragan, O.
Tbe Crowell Lumber & Grain Company (hereinafter called tbe grain company) is a corporation organized under tbe laws and doing business in tbe state of Nebraska. Its business consists very largely in buying and shipping grain. Tbe Missouri Pacific Railway Company (hereinafter called tbe railway company) is a common *295carrier doing’ business in Nebraska, Colorado, and other states. In the district court of Douglas county the grain company sued the railway company, alleging in its petition, that on the 11th day of December, 1890, the railway company entered into a contract with it in and…
2Cited by4 opinions
- Haurigan v. Chigago & Northwestern Railway Co.Nebraska Supreme Court · 1907
- Texas & Pacific Railway Co. v. Mugg & DrydenTexas Supreme Court · 1904
- Haurigan v. Chigago & Northwestern Railway Co.Nebraska Supreme Court · 1907
- Wentz-Bates Mercantile Co. v. Union Pacific RailroadNebraska Supreme Court · 1909