Knudsen-Ferguson Fruit Co. v. Michigan Cent. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court, of the United States for the District of Minnesota. The fruit company sued the Michigan Central Railroad Company (o recover* the sum of 827 claimed to have been unlawfully exacted for the icing of a car load of grapes shipped from Matawan, Mich., to Duluth, Minn., and the further sum of $500 as a reasonable attorney’s fee.
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In Error to the Circuit Court, of the United States for the District of Minnesota. The fruit company sued the Michigan Central Railroad Company (o recover* the sum of 827 claimed to have been unlawfully exacted for the icing of a car load of grapes shipped from Matawan, Mich., to Duluth, Minn., and the further sum of $500 as a reasonable attorney’s fee. The grapes were transported over the Michigan Central Railroad from Matawan to Chicago, and thence over the Chicago, Milwaukee & St. l’aul Railroad to Duluth. It was charged in the complaint that the railroad companies had duly filed their…
1Opinion of the CourtHook, Circuit Judge
It should be observed, at the outset that, although the plaintiff charged to the contrary in its complaint, the schedules published and on file with the Interstate Commerce Commission clearly showed that the specified rate for transportation of the grapes did not include, and was not intended to include, any charge for the icing of the car in transit. As shown by those schedules, there was a separate and distinct charge for icing in addition to the transportation rate. There was no proof at the trial that the charge collected for icing the refrigerator car in which the grapes were shipped was…
2Cases cited5 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Inter. Com. Commis'n v. CHICAGO & C. R'D CO.Supreme Court of the United States · 1902
- Interstate Commerce Commission v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1902
- Walker v. KeenanCourt of Appeals for the Seventh Circuit · 1896
- Knudsen Ferguson Fruit Co. v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Seventh Circuit · 1906
3Cited by10 opinions
- Homestead Co. v. Des Moines Electric Co.Court of Appeals for the Eighth Circuit · 1918
- Keogh v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1921
- Lehigh Valley R. v. ClarkCourt of Appeals for the Third Circuit · 1913
- Chicago, B. & Q. R. v. FeintuchCourt of Appeals for the Ninth Circuit · 1911
- Southern Pac. Co. v. California Adjustment Co.Court of Appeals for the Ninth Circuit · 1916
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