McGrew Coal Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel ID avis, Judge. (1) Under the stipulation introduced hy the plaintiff, the freight on each shipment mentioned in the petition was paid by the consignee and not by the plaintiff. Any damages sustained by reason of any overcharge on such shipments was sustained by the consignee, who paid the freight, and not by the plaintiff, and respondent is not the proper party to complain.
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Appeal from Lafayette Circuit Court. — Hon. Samuel ID avis, Judge. (1) Under the stipulation introduced hy the plaintiff, the freight on each shipment mentioned in the petition was paid by the consignee and not by the plaintiff. Any damages sustained by reason of any overcharge on such shipments was sustained by the consignee, who paid the freight, and not by the plaintiff, and respondent is not the proper party to complain. International Coal Co. v. Railroad, 230 U. S. 184; Hoover v. Railway Company, 156 Pa. St. 220'; Sharp'less v. Lawrence, 213 Fed. 427; Homestead Co. v. Electric Co., 226…
1Opinion of the Court
BROWN, C.
This petition, filed in the Circuit Court of Lafayette County, Missouri, returnable to the February term, 1915, contains fifty-two counts. Each count is based upon alleged illegal charges on shipment of coal from Myrick, Missouri, to some other station on the line of defendant’s railroad in the State of Missouri. All the counts are identical except as to dates, amount of coal shipped, the rate charged, the destination and the comparative rate charged by the defendant for .shipment between the points mentioned.
' The first count is, omitting titles and signatures, as follows:
“Plaintiff…
2Cases cited13 opinions
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Southern Pacific Co. v. Darnell-Taenzer Lumber Co.Supreme Court of the United States · 1918
- Norfolk Southern Railroad v. FerebeeSupreme Court of the United States · 1915
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
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3Cited by5 opinions
- State Ex Rel. McGrew Coal Co. v. RaglandSupreme Court of Missouri · 1936
- McGrew Coal Co. v. MellonSupreme Court of Missouri · 1926
- McCaull-Dinsmore Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Wasatch Coal Co. v. BaldwinUtah Supreme Court · 1922
- Cobbs v. Joyce-Watkins Co.Supreme Court of Missouri · 1921