Chicago & N. W. Ry. Co. v. Osborne
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. At Law. Actions by John Osborne and H. A. Junod and another against the Chicago & Northwestern Railway Company for damages for violation of the long and short haul clause of the interstate commerce law. Verdicts and judgments for plaintiffs in both eases. The charge of the court to the jury is reported in 48 Fed. Rep. 49. Defendant brings error. Reversed.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. At Law. Actions by John Osborne and H. A. Junod and another against the Chicago & Northwestern Railway Company for damages for violation of the long and short haul clause of the interstate commerce law. Verdicts and judgments for plaintiffs in both eases. The charge of the court to the jury is reported in 48 Fed. Rep. 49. Defendant brings error. Reversed. Statement by Brewer, Circuit Justice: The defendant in error, plaintiff below, recovered a judgment in the circuit court of the United States for the…
1Opinion of the Court
Brewer, Circuit Justice,
(after stating the facts.) This case must be determined exclusively by the provisions of the interstate commerce law, as it was originally passed and before any amendment. No question was submitted to the jury, and no evidence was offered, as to whether 18 cents was or was not in fact a reasonable rate for carrying corn from Scranton to Chicago. The theory of the plaintiff’s case was that the defendant company had violated the fourth section of the act, by charging more for a short than for a long haul; and, of course, if it had, it is liable to the plaintiff.
*914We do not…
2Cited by19 opinions
- Tift v. Southern Ry. Co.District Court, S.D. Georgia · 1903
- Murray v. Chicago & N. W. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1894
- Post v. RailroadTennessee Supreme Court · 1899
- Davis v. ParringtonCourt of Appeals for the Ninth Circuit · 1922
- Detroit, G. H. & M. Ry. Co. v. Interstate Commerce CommissionCourt of Appeals for the Sixth Circuit · 1896
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