Big Diamond Milling Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,641.77 overcharges collected by defendant on shipments of grain. The answer set up the statute of limitations.
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Action in the district court for Ramsey county to recover $2,641.77 overcharges collected by defendant on shipments of grain. The answer set up the statute of limitations. The reply set up the facts of the litigation in the Federal courts over the legality of the maximum freight rates established by the Act of 190 7, the duties placed on the carriers by chapter 195, Laws 1909, and the promise of defendant to pay all the claims against it accruing after the year 1907. The case was tried before Michael, J., who at the close of the testimony dismissed the action. From an order denying its motion…
1Opinion of the CourtHallam, J.
In 1907 the Minnesota legislature fixed maximum rates of freight to be charged by railroad companies within this state.
From May 31, 1907, to July 21, 1913, the establishment of the rates *183and the enforcement of rights accruing under the statute were restrained by injunction issuing out of the United States circuit court. During this time defendant charged rates of freight in accordance with schedules theretofore existing, which ivere in excess of the rates prescribed by the act of 1907. Plaintiff alleges that it paid these excessive rates on certain shipments of grain and asks judgment for the…
2Cases cited20 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Abrahams v. SwannWest Virginia Supreme Court · 1881
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Belcher v. Tacoma Eastern RailroadWashington Supreme Court · 1917
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3Cited by6 opinions
- In Re Estate of ButlerOhio Supreme Court · 1940
- Street Improvement District No. 113 of Hot Springs v. MooneySupreme Court of Arkansas · 1942
- Hill v. RinggoldWest Virginia Supreme Court · 1932
- Hartnagel v. AlexanderSupreme Court of Minnesota · 1931
- Stein v. HammanCourt of Appeals of Texas · 1927
1 more not listed; retrieve them via the Exa API.