St. Louis Southwestern Ry. Co. of Texas v. Shields Grain & Coal Co.
Court of Appeals of Texas
Appeal from Cherokee County Court; O. F. Gibson, Judge. Suit by the St. Louis Southwestern Railway Company of Texas against the Shields Grain & Coal Company and the Jacksonville Grain & Commission Company. From a judgment for defendants, plaintiff appeals. Reversed, and judgment rendered against the last-named defendant.
Read the full summary
Appeal from Cherokee County Court; O. F. Gibson, Judge. Suit by the St. Louis Southwestern Railway Company of Texas against the Shields Grain & Coal Company and the Jacksonville Grain & Commission Company. From a judgment for defendants, plaintiff appeals. Reversed, and judgment rendered against the last-named defendant. January 18,1915, the Shields Grain & Coal Company, having sold a carload of maize to the Jacksonville Grain & Commission Company, f. o. b. the cars at Wellington, Tex., shipped same from that place, through Oklahoma, to Jacksonville, Tex. It appeared from the bill of lading…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1] Notwithstanding the maize was shipped from one to another point in Texas, the shipment was subject to the provisions of the federal interstate commerce laws, because by the terms of the bill of lading covering its carriage it was to and did pass through another state, to wit, Oklahoma. Railway Co. v. Asher, 171 S. W. 1114.
[2, 3] The parties agreed that according to the rate fixed by said laws the amount paid to appellant as freight on the shipment was $111.60 less than it should have been. As appellant was bound to collect and the…
2Cases cited5 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Bauserman v. BluntSupreme Court of the United States · 1893
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- New v. Denison Clay Co.Court of Appeals for the Eighth Circuit · 1919
- Wichita Falls W. Ry. of Texas v. AsherCourt of Appeals of Texas · 1914
3Cited by4 opinions
- Galveston, H. & S. A. Ry. Co. v. Lykes Bros.District Court, S.D. Texas · 1923
- Baldwin v. FenimoreSupreme Court of Kansas · 1939
- Sunset Pacific Oil Co. v. Los Angeles & Salt Lake RailroadAppellate Division of the Superior Court of California · 1930
- Gulf, M. & N. R. v. Hunt Bros. FurnitureTennessee Supreme Court · 1938