Mobile & Ohio Railroad v. Laclede Lumber Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. ' —lion. Thos. C. Hennings, Judge. (1) The law is well settled that neither by contract nor through mistake or inadvertence can a carrier estop itself from demanding and collecting from either the consignor or consignee the balance of the lawful freight rate where it has delivered goods without charging and collecting the same in full. Union Pacific R. R. v. Am.
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Appeal from the Circuit Court of the City of St. Louis. ' —lion. Thos. C. Hennings, Judge. (1) The law is well settled that neither by contract nor through mistake or inadvertence can a carrier estop itself from demanding and collecting from either the consignor or consignee the balance of the lawful freight rate where it has delivered goods without charging and collecting the same in full. Union Pacific R. R. v. Am. Smelting Co., 292 Fed; 720; Illinois Central Railroad do. v. Henderson, 226 U. S. 441, 57 L. Ed.' 290; Kansas City R. R. Co v. Carl, 227 U. S. 639, 57 L. Ed. 683; Texas R. R. Co.…
1Opinion of the Court
REYNOLDS, P. S.
Plaintiff commenced its action against the defendí»' before a justice of the peace, filing this statement:
‘ ‘ Laclede Lumber Co., Dr., in account with Mobile & Ohio Ry. Co., Cr.
“To under charge on shipment of Lumber contained in car No. 132,927, Southern, delivered to Laclede Lumber Co. on December 5, 1912, by Terminal Railroad Ass’n, on .which there was a claim of freight charges (including demurrage of $17),........$ 98.44
The proper amount to be collected being, 108.44
$ 10.00”
From a judgment there against plaintiff an appeal was taken to the circuit court, where the cause was…
2Cases cited10 opinions
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917
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3Cited by3 opinions
- Illinois Central Gulf RR Co. v. Sankey Brothers, Inc.Illinois Supreme Court · 1979
- Mobile & Ohio Railroad v. Southern Saw Mill Co.Missouri Court of Appeals · 1923
- Cobbs v. Joyce-Watkins Co.Supreme Court of Missouri · 1921