Cicardi Bros. Fruit & Produce Co. v. Pennsylvania Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —lion. Thomas G. Hennings, Judge. (1) The special oral agreement alleged in plaintiff’s petition “immediately divert or reconsign hy wire’’ on July 11, 1914, is void as a violation of the Interstate Commerce Act.
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Appeal from the Circuit Court of the City of St. Louis. —lion. Thomas G. Hennings, Judge. (1) The special oral agreement alleged in plaintiff’s petition “immediately divert or reconsign hy wire’’ on July 11, 1914, is void as a violation of the Interstate Commerce Act. C. & A. v. Kirby, 225 U. S. 155, 56 L. Ed. 1033. (2) A shipper cannot recover damages for the breach of the carrier’s special agreement for the interstate shipment of freight where no provision is made for such special agreement in the tariffs and regulations on file with the Interstate Commerce Commission. C. & A. v. Kirby, 225…
1Opinion of the CourtBecker, J.
— This is a suit by plaintiff to recover damages from defendant because of the failure of the defendant to carry out an alleged agreement on its part to immediately reconsign by wire three cars of potatoes from Pittsburgh, Pennsylvania to Chicago, Illinois.
Plaintiff had three car loads of potatoes in transit from Cape Charles, Virginia to St. Louis. On July 11, 1914, and for a day or two prior thereto they were being held in the produce yards at Pittsburgh, Pennsylvania, awaiting diverting or reconsigning orders. According to plaintiff’s testimony, at about ten thirty o’clock on Saturday…
2Cases cited9 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Atchison, Topeka & Santa Fe Railway Co. v. RobinsonSupreme Court of the United States · 1914
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- Graves v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- Bradford v. HinesMissouri Court of Appeals · 1921
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