Cohn v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) If these plaintiffs were compelled to pay a higher rate of compensation for the transportation of their goods from St. Louis, Missouri, to Poplar Bluff, than the defendant at the same time charged for the same service to the more distant points of Dexter and the other points named, they were damaged to the exact extent of such discrimination.
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Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) If these plaintiffs were compelled to pay a higher rate of compensation for the transportation of their goods from St. Louis, Missouri, to Poplar Bluff, than the defendant at the same time charged for the same service to the more distant points of Dexter and the other points named, they were damaged to the exact extent of such discrimination. They were entitled to at least as good rates as those accorded to the more distant points. R. S. 1899, secs. 3133, 1134; Cohn & Pelz v. Railroad, 181 Mo. 30; Seawell v. Railroad, 119 Mo.…
1Opinion of the CourtGray, J.
Appellants instituted this action in the circuit court of Butler county, on the 20th day of March, 1899, to recover the penalties provided by sections 1133 and 1134, Revised Statutes of 1899'. A demurrer was filed to the petition, and the same was sustained and the plaintiffs appealed to the Supreme Court and the judgment was reversed and the cause remanded. The opinion on the former appeal will be found in 181 Mo. 30, 79 S. W. 961. A copy of the petition will be found in the opinion of the Supreme Court, and reference is made thereto for its allegations.
When the cause was remanded, an answer…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
- Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897
- Illinois Central Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1907
- Wight v. United StatesSupreme Court of the United States · 1897
- Louisville & Nashville Railroad v. BehlmerSupreme Court of the United States · 1900
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3Cited by2 opinions
- State v. WipkeSupreme Court of Missouri · 1939
- Alexander v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920