Legal Opinion

Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad

Missouri Court of Appeals

Decided December 30, 1916PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. Leo S. Rassieur, Judge. (1) Filing of the rates with the Interstate Commerce Commission and furnishing copies thereof to the freight office is incontrovertible evidence of the existence of - such rates, and the shipper is charged with notice thereof.

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Appeal from St. Louis City Circuit Court. — Hon. Leo S. Rassieur, Judge. (1) Filing of the rates with the Interstate Commerce Commission and furnishing copies thereof to the freight office is incontrovertible evidence of the existence of - such rates, and the shipper is charged with notice thereof. Railroad v. Cisco Oil Mills, 204 U. S. 449-451 (51 L. E. 562-563); Kellerman v. Railroad, 136 Mo. 188; Donovan v. Wells, Fargo & Co., 265 Mo. 313; Southern Railroad v. Carl, 227 IT. S. 653; Railroad v. Hooker, 233 U. S. 97; Poor Grain Co. v. Railroad, 12 I. C. C. 470; Railway Co. v. Stone, 169 Mo.…

1Opinion of the CourtThompson, J.

This is a suit for damages to sewer pipe shipped by the plaintiff over defendant’s railroad. It was composed of a shipment of five cars, four cars being included in one bill of lading, shipped September 19,' 1903, and one car in another bill of lading, shipped October 15, 1903, both shipments being from St.Louis, Missouri, to New Orleans, Louisiana. This is the third appeal in this case. The first appeal was by defendant. The case was reversed and remanded, the opinion being reported under the title of Blackmer & Post Pipe Company v. Mobile & Ohio Railroad Company, 137 Mo. App. 133, 119 S. W.…

2Cases cited6 opinions

  1. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  2. Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
  3. Donovan v. Wells, Fargo & Co.Supreme Court of Missouri · 1915
  4. Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
  5. Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Robinson v. BushMissouri Court of Appeals · 1918
  2. Textile Distributors, Inc. v. Roadway Express, Inc.Missouri Court of Appeals · 1965

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