Legal Opinion

Walt Keeler Co. v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of Kansas

Decided July 22, 1960No. 41,807PublishedCited by 15 opinions

1Opinion of the Court

The opinion of the court was delivered by

Robb, J.:

The Keeler Company sued the Santa Fe Railroad to recover back $34,194.80 claimed to have been overpaid between 1951 and 1955 under charges for car rental prescribed in the railroad’s tariff circular on record with the state corporation commission.

The trial court entered a general judgment in Keeler’s favor, the railroad filed a motion for new trial, which was overruled, and the railroad appealed from the trial court’s judgment of $34,194.80 in favor of Keeler.

Keeler invokes the rule that this court will not disturb the findings of fact of a…

2Cases cited9 opinions

  1. Great Northern Railway Co v. Delmar Co.Supreme Court of the United States · 1931
  2. Union Wire Rope Corporation v. Atchison, T. & SF Ry. Co.Court of Appeals for the Eighth Circuit · 1933
  3. Geier v. Eagle-Cherokee Coal Mining Co.Supreme Court of Kansas · 1957
  4. Kipp v. GoffeSupreme Court of Kansas · 1936
  5. New York, Ontario & Western Ry. Co. v. McHaleSupreme Court of the United States · 1933

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3Cited by15 opinions

  1. Wolf v. Mutual Benefit Health & Accident AssociationSupreme Court of Kansas · 1961
  2. Estates of Thompson v. LaneSupreme Court of Kansas · 1979
  3. Kansas State Bank & Trust Co. v. DeLoreanCourt of Appeals of Kansas · 1982
  4. American Smelting & Refining Co. v. Idaho State Tax CommissionIdaho Supreme Court · 1979
  5. Stanfield v. Osborne Industries, Inc.Court of Appeals of Kansas · 1982

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