Chicago, Rock Island & Pacific Railway Co. v. Hubbell
Supreme Court of Kansas
Error from, Jewell District Court. The defendant in error, John W. Hubbell, who was plaintiff below, is a dealer in soft coal at Richmond, Mo. About the 1st of August,'1889, he applied to the agent of the St. Joseph, St. Louis & Santa Fé Railroad Company at Richmond for special rates, on coal to Mankato, Kas. Being inormed by the agent that he had no special rate, Hubbell wrote to the general agent, asking for a rate.
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Error from, Jewell District Court. The defendant in error, John W. Hubbell, who was plaintiff below, is a dealer in soft coal at Richmond, Mo. About the 1st of August,'1889, he applied to the agent of the St. Joseph, St. Louis & Santa Fé Railroad Company at Richmond for special rates, on coal to Mankato, Kas. Being inormed by the agent that he had no special rate, Hubbell wrote to the general agent, asking for a rate. He received in answer a letter quoting a rate of $1.70 per ton. He thereupon, on the 12th of August, shipped 10 car loads, containing in all 250 tons, consigned to himself at…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
Section 2 of chapter 104 of the acts of the second session of the forty-ninth congress, entitled “An act to regulate commerce,” (24 U.S. Stat. at Large, p. 379,) reads as follows:
“Sec. 2. That if any common carrier, subject to the *235provisions of this act, shall directly, or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person, or persons, a greater or less compensation for any service rendered, or to be rendered in the transportation of passengers, or property, subject to the…
2Cases cited1 opinion
- Hawley v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1892
3Cited by6 opinions
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
- Haurigan v. Chigago & Northwestern Railway Co.Nebraska Supreme Court · 1907
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